Final Order 1

Order Details: Order Below EX 1
Pdf Text: Notice Case No. 861/N/2019 Bandra Police Station
ORDER BELOW APPLICATION FOR RETURN OF PROPERTY
1] This is an application filed by applicant for return of property namely
one diamond studded necklace worth Rs.3,50,000/ and one diamond studded
bracelet worth Rs.3,00,000/ total valued at Rs.6,50,000/ seized in C.R.
No.434/2019 (C.C. No.518/PW/2020) registered for the offence u/s. 380 of I.P.C.
by Bandra Police Station.
2] The applicant in her application has submitted that she had given the
said property to her daughter – informant for wearing during the occasion and
same was stolen away. The applicant further submitted that she is ready to
produce the said property as and when directed by this Court. Copies of receipts
are filed on record.
3] On the application say of respondent was called. The Investigating
Officer and Ld. APP filed say wherein no objection to handover custody of seized
property to the applicant on certain terms and conditions is conveyed.
4] In support of application the applicant has filed on record her own
affidavit. She has also filed on record affidavits of Shibani Harish Bohra – original
informant and Harish Bohra – husband of the applicant wherein they both gave
no objection to handover the said property to the applicant. The applicant has
annexed verified copy of Aadhaar Card as proving of her identify and address.
5] At this stage except the applicant there is no other claimant who has
claimed the custody of seized article. The seized article is gold and it may get
damaged permanently, if remained with police station for long period. No
purpose is likely to be served by keeping the said property at police station till the
conclusion of trial. If seized article is handed over to the applicant on bond by
way of interim custody no serious prejudice or harm would be caused to the
accused and prosecution. Hence, application deserves to be allowed on certain
terms and conditions. Therefore, I pass the following order:
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O R D E R
1] The application is allowed.
2] The seized property namely one diamond studded necklace worth
Rs.3,50,000/ and one diamond studded bracelet worth Rs.3,00,000/ total
valued at Rs.6,50,000/ seized in C.R. No.434/2019 (C.C. No.518/PW/2020) by
Bandra Police Station, be returned to the Applicant Mrs. Anuradha Harish Bohra
residing at 902 B, Greenville, Opp. Lokhandwala Bridge, Andheri W, Mumbai53,
on furnishing Solvent Surety of Rs.6,50,000/ with conditions that
a) The applicant shall not to sell, transfer, alienate, dispose off the
said property or any part of it to any third person before the
conclusion of trial.
b) The applicant shall not change the nature, design of the said
property in any mode or manner.
c) The applicant shall produce the said property as and when directed
by the Court in the trial or by Investigating Officer in the course of
investigation.
d) The applicant shall follow the conditions imposed on her
scrupulously.
3] The Investigating Officer is directed to take the above surety bond of
the applicant and shall return the muddemal on due verification of applicant after
taking picture of the said property. Investigating Officer further directed to file all
above documents in the Court which on receipt be attached with the chargesheet.
Order accordingly.
Mumbai.
Date : 21/10/2020
(Jaydeo Y. Ghule)
Metropolitan Magistrate,
12th Court, Bandra, Mumbai.
*NKD
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