Final Order 1

Order Details: Order Below EX 1
Pdf Text: IN THE COURT OF ADDL.CHIEF METROPOLITAN MAGISTRATE
9TH COURT, BANDRA, MUMBAI.
Notice No.627/N/2019
In
C.C.NO. 1705//PW/2019
(C.R.No.256/2019 of Mahim Police Station )
Mr. Harshal A. Manjarekar … Applicant
v/s.
The state (Through Sr.P.I. Mahim P.S.) … Respondent
ORDER BELOW APPLICATION FOR RETURN OF PROPERTY
Dtd.29/08/2019
The applicant / informant filed this application for return of property
u/sec. 457 of Code of Criminal Procedure.
2. He has lodged the report against the accused and the police recovered
the cash amount of Rs.15,69,000/, one gold chain with Rudraksh, another gold
chain with locket, one gold braclet, one gold ring with Pushkaraj stone, one gold
ring with Panna Stone, one gold ring with diamond. He has claimed that accused
extorted money approximately to Rs.35 lakhs, but only Rs.15,69,000/ was
recovered. All the ornaments are belonging to him and required for his day to day
use. He has attached receipts and affidavit with the application and prayed to give
interim custody of the abovesaid property.
3. Ld. A.P.P. filed say underneath the application and submitted that the
property is required for identification during the trial. Condition may be imposed of
production. The I.O. be directed to take photographs and prepare panchanama ans
submit it to the court. The I.O. filed separate say and submitted that cash amount of
Rs.15,69,000/ recovered alongwith the ornaments and an appropriate order may be
passed. ...2/
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4. Accused no.5 though sufficient opportunity is granted, failed to file the
say. Accused no.s 1 to 4 and 6 through Video Conferencing submitted that they
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have no concerned with the property.
5. Heard both the sides.
6. The receipts are verified by the Judicial Clerk from the original. The
receipts are standing in the name of applicant/ informant. The applicant is ready to
produce the property as and when directed by the court. Ld. A.P.P. submitted that
I.O. be directed to prepare panchanama and take photographs of the said property
and submit before the court. Hence, it is just to release the interim custody of the
said property on Indemnity Bond and condition to produce before the court. Hence,
I pass following order.
ORDER
1. Application is allowed.
2. The concerned police station P.I. is directed to return the said
property to the applicant on his executing Indemnity Bond of Rs.20 lakhs ( Rs.
Twenty Lakhs).
3. The applicant is directed not to alienate, destroy, part with the
possession of the above seized property, till the conclusion of the trial.
4. Applicant is directed to produce the property as and when
directed by the court.
5. Investing Officer shall file goldsmith certificate, panchanama
and photographs in the chargesheet.
sd/
(P.V.Bulbule)
Addl. Chief Metropolitan Magistrate,
Date :09/12/2019 9th Court, Bandra, Mumbai.
ASD.
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