Final Order 1

Order Details: Order Below EX 1
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE,
32 ND COURT, BANDRA, MUMBAI
C.C. No. 818/N/2019
C.R. No. 163/2019
Kherwadi Police Station.
Shaikh Ruksar Imtiyazbhai … Applicant
V/s.
Sr. Inspector of Police,
(Kherwadi Police Station) ...Respondent.
ORDER BELOW APPLICATION FOR RETURN OF SEIZED
MUDDEMAL(STRIDHAN PROPERTY)
By this application the applicant is seeking return of seized
muddemal property i.e. Stridhan property, as quoted in the application,
being entitled for the same. The Kherwadi police seized said muddemal in
pursuant of misappropriation of Stridhan property. She is ready to produce
the said property whenever required till final disposal of case. The
application is supported by various documents such as copy of F.I.R.,
affidavit, Aadhar card etc.
2. Accordingly say of investigating officer and learned APP were
called. Investigating officer has rendered his no objection to release seized
property in favour of applicant.Whereas, learned APP failed to file say.
3. Heard argument, perused the record.
4. Considering the reasons mentioned in application supported by
documents, it is evident that, the aforementioned muddemal may be
temporarily released in favor of the applicant, being rightful claimant for
the same, since it is recovered at the instance of complaint lodged by her.
Hence, upon imposing certain conditions the said muddemal may be
released in favor of applicant. Hence, the following order :
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ORDER
i) The seized property be handed over to the applicant Shaikh
Ruksar Imtiyazbhai, subject to furnishing Indemnity bond of
र 32,700/ (Rupees Thirty Two Thousand Seven Hundred
Only.)
ii) She shall produce the seized muddemal, whenever called by
the Court or by the police.
iii) Investigation Officer shall obtain photographs of seized
muddemal from all angles for its proper identification in
future.
iv) Copy to the concerned police station for compliance of this
order.
Date : 22.11.2019
ssl.
(Sudhir N. Shinde)
Metropolitan Magistrate,
32nd Court, Bandra, Mumbai.
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