Final Order 1

Order Details: Order Below EX 1
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ORDER C. C. NO. 811/N/2019
1. The applicant is praying for return of gold and diamond
jwellery and american dollars seized by Santacruz Police station in
C.R.No.409/2019 registered u/sec. 381, 34 of the IPC.
2. The P.S.O. of Santacruz Police station filed say and has given
no objection to hand over the ornaments to the applicant. He furnished
details of the ornaments seized in this crime.
3. The applicant submitted that the accused was working as
Maid in his house. She committed theft of ornaments and american
currency. He lodged report regarding theft. He has produced on record
copy of FIR and Aadhar card in support of his version. No one else except
the applicant has claimed the custody of seized ornaments. It will not be
proper to keep the ornaments at the property room in the police station.
The seized ornaments and currency may be handed over to the applicant
by imposing conditions. In the result, following order is passed :
ORDER
1. The custody of gold and diamond jwellery and american
dollars seized by Santacruz Police station in C.R.No.409/2019
registered u/sec. 381, 34 of the IPC be handed over to the
applicant.
2. The applicant to furnish indemnity bond of Rs.23,00,000/.
3. Applicant is directed not to sell, transfer, alter, dispose or
hand over the seized Ornaments and currency or create any
third party interest in it without prior permission of Court
and to produce it before the Court, whenever required for
trial.
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4. The Investigating Officer is directed to take the photographs of
the seized property before handing over its custody to the
applicant, at the cost of applicant and produce the
photographs and indemnity bond alongwith the final report.
Sd/
Metropolitan Magistrate,
Date: 03122019 71st Court, Bandra, Mumbai.
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