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. 764/N/2019
C.R. No. 212/2019.
Nirmal Nagar Police Station.
Imtiyaz Ahmed Ansari … Applicant
V/s.
Sr. Inspector of Police,
(Nirmal Nagar Police Station) ...Respondent.
ORDER BELOW APPLICATION FOR RETURN OF SEIZED GOLD
EARRING
By this application the applicant is seeking return of seized gold
earring weighing 3.5 grams worth Rs. 13,000/, as quoted in the
application, being entitled for the same. The Nirmal Nagar police seized
said gold ring in pursuant of theft. He 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 etc.
2. Accordingly say of investigating officer and learned APP were
called. Investigating officer rendered his no objection to release said
property in favour of 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 muddemal may be
temporarily released in favor of the applicant, being rightful claimant for
the same, since it is recovered at the instance of complaint lodged by him.
Hence, upon imposing certain conditions the said muddemal may be
released in favor of applicant. Hence, the following order :
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2
ORDER
i) The seized gold earring weighing 3.5 grams worth Rs.
13,000/ be handed over to the applicant Imtiyaz Ahmed
Ansari, subject to furnishing Indemnity bond of र 13,000/
ii) He 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 : 07.11.2019
ssl.
(Sudhir N. Shinde)
Metropolitan Magistrate,
32nd Court, Bandra, Mumbai.
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