Final Order 1

Order Details: Order Below EX 1
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ORDER IN NOTICE NO.815/N/2019
1. The present application is filed for return of VISTA Air
conditioner, seized by the BKC police Station in C.R.No.232/2019 registered
u/sec. 379 of IPC.
2. The PSO of BKC Police Station and APP has given noobjection
to return the AC to the applicant.
3. The applicant submitted that he is serving with J Kumar and Co.
as security supervisor. The Air conditioner installed on J.C. container was
stolen from the site. He lodged report regarding the theft. The applicant
produced copy of FIR, Authority letter and Aadhar Card in support of his
version. No one else has claimed the custody of the said AC. There is no
likelihood that the trial will commence and conclude in near future. The AC
may get damaged if remained in idle condition for long period. Thus, it will
be proper to return the seized AC to the applicant by imposing conditions. As
such following order is passed:
ORDER
1. The custody of VISTA Air conditioner, seized by the BKC police
Station in C.R.No.232/2019 registered u/sec. 379 of IPC be handed over to
the applicant.
2. The applicant to execute indemnity bond of Rs.20,000/ on
behalf of J Kumar and Co.
3. J. Kumar and Co. is directed not to sell, transfer, alter, dispose
or hand over the seized AC to third person without prior permission of court
and to produce the concerned AC before the Court, whenever required for
trial.
4. The Investigating Officer is directed to take the photographs of
the seized property, at the cost of the applicant and to produce the same and
the indemnity bond with the final report.
5. J Kumar and Co. is directed to intimate this court in case the
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applicant Vivek Singh leaves his job and to furnish fresh indemnity bond of
one of its employees on its behalf.
Metropolitan Magistrate,
Date: 18.12.2019 71st Court, Bandra, Mumbai.
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