Final Order 1

Order Details: Order Below EX 1
Pdf Text: C.C. No. : 772/N/2019
Application for Return of Property
1. Read the application. The applicant / informant claimed that she lodged the
report of theft in Khar police station. Police recovered the 20 grams two bangles,
gold bracelet (diamond), gold coin, white gold chain, gold chain, and 3 American
Dollars of 100/. She prayed to give custody of the said property.
2. Ld. APP filed the say underneath the application and submitted that property
is required for identification during trial and accordingly conditions may be
imposed. I.O. may also directed to obtain photographs, and to prepare panchanama
of the property. I.O. filed the say and submitted that the property recovered as
mentioned in the application and he has no objection to return the said property on
the terms and conditions. Both the accused filed separate say and submitted no
objection to release the property.
3. Heard the Ld. Counsel for the applicant. In the affidavit, applicant has
submitted that her relative gifted the said ornaments therefore, she has no any
document to prove. Alongwith the application, she has produced the copy of
Income Tax Department, Pune, List/Inventory of Jewellery Seized, which is verified
by the J.C. from the originals. The accused have not claimed any right. I.O. has no
objection to return the property to the applicant. Hence, on the conditions, interim
custody be given to the applicant. With the result, I pass the following order :
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O R D E R
The Inspector of Khar Police Station, if in possession of 20 grams two bangles,
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gold bracelet (diamond), gold coin, white gold chain, gold
chain, and 3 American Dollars of 100/ mentioned in the application, shall hand
over the same to the present applicant.
Before that the applicant to furnish Indemnity Bond for Rs.8,00,000/ (Rupees
Eight Lakhs Only) undertaking to the effect that,
(a) she will not alienate, destroy, give on rent or part with the possession of the
above property,
(b) she will produce the property before the Police Station or the Court as
directed by this Court.
(c) That the applicant to furnish photographs of the gold articles and
denomination of notes of American Dollars to the police station, which later on to
be filed alongwith the final report in the Court by the police.
( P. V. Bulbule )
Addl. Chief Metropolitan Magistrate,
Dt.06.12.2019 9th Court, Bandra, Mumbai.
Kkg
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