Final Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No. 465/N/2023
Vinod V/s. Vakola P. Stn.
ORDER
1. This is an application filed for return of gold bar/ingot,
seized in connection with crime by Vakola Police Station in C. R. No.
627/2023, registered U/Sec. 457, 380 of I.P.C.
2. I.O. did not object to return the seized gold bar/ingot to the
applicant. However, Ld. A.P.P. objected to release the gold bar/ingot, as
it requires for trial.
3. Admittedly, seized gold bar/ingot belongs to the applicant.
Applicant in support of his contention has produced copy of F.I.R. and
his Aadhar Card, bill in respect of ornaments. Application is well
supported by affidavit of applicant. There is no rival claim by any
person in respect of the seized muddemal. Custody of the seized
muddemal is not required for further investigation. The ornaments have
been converted into ingot and said fact has been reflected in the say of
Investigating Officer. In such circumstances, no good purpose would
serve keeping the said seized muddemal further in custody of police.
Applicant is entitled to receive the seized muddemal. In the result,
following order is passed :-
ORDER
1. The custody of gold bar/ingot, seized in the crime by
Vakola Police Station in C. R. No. 627/2023 registered
U/Sec. 457, 380 of I.P.C. be returned to the applicant on
furnishing indemnity bond of R.2,00,000/-.
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2. The applicant is directed not to sell, transfer, alter, dispose
or hand over the seized muddemal to third person without
prior permission of Court and shall produce the same
before the Court, whenever required for trial.
3.
The Investigating Officer is directed to take the
photographs of the seized muddemal, at the cost of the
applicant and produce the same with indemnity bond of
applicant along with final report.
Mumbai.
Date : 04/01/2024.
SRD
Sd/-
Metropolitan Magistrate,
71st Court, Bandra, Mumbai.
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