Final Order 1

Order Details: Order Below EX 1
Pdf Text: C.C. No. : 778/N/2019
Application for Return of Property
1. Read the application. The applicant / informant claimed that two grams gold
Nose Rings, 35 grams one mangalsutra, two gold chains of 14 grams, two gold
pendants of 10 grams, gold earring of 10 grams, two gold rings of 9 grams and cash
amount were stolen from her house. The police recovered the 40 grams gold lagad.
It is claimed that the alongwith ornaments, its receipt were also stolen. Hence, she
prayed to return the same.
2. Ld. APP filed the say underneath the application and submitted that property
is required for identification during the trial and accordingly conditions may be
imposed regarding the alteration of property. I.O. may also directed to obtain
photographs, and to prepare panchanama of the property. I.O. also submitted the
say and stated that during investigation, 40 gram lagad was recovered from the
accused and he has no any objection to return the said property to the applicant.
Notice issued to the accused in jail which was duly served. He has not filed his say.
Ld. Counsel for accused submitted that accused pleaded guilty.
3. Heard the Ld. Counsel for the applicant. In the affidavit, applicant has stated
that the alongwith box of ornaments, receipts were kept in the box and the said box
was stolen. Therefore, applicant has no any receipt. The report has lodged by the
applicant. I.O. submitted no objection to return the recovered property. The accused
has stated nothing and pleaded guilty therefore, he has not claimed any right in the
seized property. 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 the Gold Yellow Lagad
of 40 grams mentioned in the application, shall hand over the same to the present
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applicant.
Before that the applicant to furnish Indemnity Bond for Rs.88,000/ (Rupees
Eighty Eight Thousand 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 photograph of the gold lagad 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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