Final Order 1

Order Details: Order Below EX 1
Pdf Text: C.C. No. : 876/N/2019
Application for Return of Property
1. Read the application. The applicant / informant claimed that one gold
mangalsutra of 20 grams, and two old gold bangles of 30 grams were stolen by
three unknown accused. During investigation, police recovered the 20 grams
mangalsutra from the custody of accused. Hence, applicant prayed to return the
same.
2. Ld. APP filed the say underneath the application and submitted that property
is required for identification during the trial and accordingly conditions may be
imposed upon the applicant. I.O. may also directed to obtain photographs, and to
prepare panchanama of the property. I.O. also filed separate say and submitted that
during investigation, 20 grams mangalsutra was recovered from the accused and he
has no objection to return the said property to the applicant. Ld. Counsel for
accused also given no objection to return the property to the applicant.
3. Heard Ld. Counsel for the applicant. In the affidavit, applicant has stated that
she has got the said mangalsutra in her marriage hence, she has no any invoice or
bill in that respect. The report has lodged by the applicant. I.O. submitted no
objection to return the recovered property. The accused has also no objection and he
has not claimed any right in the seized property. Hence, on the conditions, interim
custody be given to the applicant. With the result, I pass the following order :
O R D E R
The Inspector of Mahim Police Station, if in possession of the 20 grams gold
mangalsutra mentioned in the application, shall hand over the same to the present
applicant.
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Before that the applicant to furnish Indemnity Bond for Rs.40,000/ (Rupees
Forty Thousand Only) undertaking to the effect that,
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(a) she will not alienate, destroy, give on rent or part with the possession of the
above property,
(b) she will produce the property before the Police Station or the Court as
directed by this Court.
(c) That the applicant to furnish photograph of the gold mangalsutra to the police
station, which later on to be filed alongwith the final report in the Court by the
police.
sd/
( P. V. Bulbule )
Addl. Chief Metropolitan Magistrate,
Dt.09.01.2020 9th Court, Bandra, Mumbai.
Kkg
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