Final Order 1

Order Details: Order Below EX 1
Pdf Text: 1 CC No.571/N/2022
Pratik Hasmukh Shah V/s. Vakola PS
ORDER
1. This is an application filed for return of gold chain and
bracelet seized in the crime by Vakola Police Station in C. R. No.30/2017
registered u/sec. 392, 34 of IPC.
2. Investigating Officer did not objected to return the seized
ornament to the applicant. However, APP objected to release the ornament
as it requires for trial.
3. Admittedly, seized ornament belongs to the applicant.
Application is well supported by affidavit of applicant. There is no rival
claim by any person in respect of the seized ornament. Custody of the
ornament is not required for further investigation. In such circumstances,
no good purpose would serve keeping the said ornament further in
custody. For the apprehension of APP condition can be imposed. Applicant
is entitled to receive the seized ornament. In the result, following order is
passed :
ORDER
1. The custody of gold chain and bracelet seized in the crime by
Vakola Police Station in C. R. No.30/2017 registered u/sec.
392, 34 of IPC be returned to the applicant on furnishing
indemnity bond of Rs.1,25,000/.
2. Applicant shall not to transfer, alter, alienate in any
manner seized ornament to any person without prior
permission of Court and to produce the same as and when
required for trial.
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2 CC No.571/N/2022
Pratik Hasmukh Shah V/s. Vakola PS
3. The Investigating Officer is directed to produce indemnity
bond of the applicant along with the final report.
sd/
Metropolitan Magistrate,
Date: 26.08.2022 71st Court, Bandra, Mumbai.
ssm/
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