Final Order 1

Order Details: Order Below EX 1
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE,
32 ND COURT, BANDRA, MUMBAI
C.C. No. 761/N/2019
C.R. No. 204/2019.
Kherwadi Police Station.
Shubhada Shankar Kadam … Applicant
V/s.
Sr. Inspector of Police,
(Kherwadi Police Station) ...Respondent.
ORDER BELOW APPLICATION FOR RETURN OF PROPERTY VIZ.
ONE PAIR OF EARRINGS (0.3 GRAMS), ONE WHITE GOLD CHAIN (14
GRAMS), ONE GOLD LAGAD (3 GRAMS), 1 PAIR OF STONE EARRINGS
(3 GRAMS), ONE GOLD LAGAD (7.700 GRAMS)
TOTAL WORTH RS.1,39,000/
By this application the applicant is seeking return of one pair of
earrings (0.3 grams), one white gold chain (14 grams), one gold lagad (3
grams), 1 pair of stone earrings (3 grams), one gold lagad (7.700 grams)
total worth Rs.1,39,000/, as quoted in the application, being entitled for
the same. The Khairwadi police station has seized said muddemal in the
alleged offence of theft by servant. She is ready to produce the said
property whenever required till final disposal of case. The application is
supported by various documents such as copy of F.I.R., affidavit, Aadhar
card, purchase invoices etc.
2. Accordingly say of investigating officer and learned APP were
called. Investigating officer has given his no objection to return the said
muddemal in favour applicant. Whereas, learned APP failed to file say.
3. Heard argument, perused the record.
4. Considering the reasons mentioned in application supported by
documents, it is evident that, the aforementioned seized muddemal may be
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temporarily released in favor of the applicant, being rightful claimant for
the same, since it is recovered at the instance of complaint lodged by her.
Hence, upon imposing certain conditions the said seized muddemal may be
released in favor of applicant. Hence, the following order :
ORDER
i) The seized muddemal i.e. one pair of earrings (0.3 grams),
one white gold chain (14 grams), one gold lagad (3 grams), 1
pair of stone earrings (3 grams), one gold lagad (7.700
grams) total worth Rs.1,39,000/ be handed over to the
applicant Shubhada Shankar Kadam, subject to furnishing
Indemnity bond of र 1,40,000/ (Rs. One Lakh Forty
Thousand Only).
ii) She shall produce the seized muddemal, whenever called by
the Court or by the police.
iii) Investigation Officer shall obtain photographs of seized
muddemal from all angles for its proper identification in
future.
iv) Copy to the concerned police station for compliance of this
order.
Date : 06.11.2019
ssl.
(Sudhir N. Shinde)
Metropolitan Magistrate,
32nd Court, Bandra, Mumbai.
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