Final Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No. 511/N/2023
Santosh V/s. Vakola P. Stn.
ORDER
1. This is an application filed for return of Original Certificate
No.267138 issued by Maharashtra State Pharmacy Council, Registered
Pharmacist, seized in connection with crime by Vakola Police Station in
C. R. No. 348/2023, registered U/Sec. 406, 420 of I.P.C.
2. I.O. did not object to return the seized muddemal to the
applicant. However, Ld. A.P.P. objected to release the muddemal, as it
requires for trial.
3. Admittedly, seized muddemal belongs to the applicant.
Applicant in support of his contention has produced copy of F.I.R. and
his Aadhar Card and Certificate No.267138 issued by Maharashtra State
Pharmacy Council, Registered Pharmacist. Application is well supported
by affidavit of applicant. There is no rival claim by any person in respect
of the seized muddemal. Custody of the seized muddemal is not
required for further investigation. In such circumstances, no good
purpose would serve keeping the said seized muddemal further in
custody of police. Applicant is entitled to receive the seized muddemal.
In the result, following order is passed :-
ORDER
1. The custody of muddemal i.e. Original Certificate
No.267138 issued by Maharashtra State Pharmacy
Council, Registered Pharmacist, seized in the crime by
Vakola Police Station in C. R. No. 348/2023 registered
U/Sec. 406, 420 of I.P.C. be returned to the applicant on
furnishing indemnity bond of R.1,00,000/-.
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2. The applicant is directed not to sell, transfer, alter, dispose
or hand over the seized muddemal to third person without
prior permission of Court and shall produce the same
before the Court, whenever required for trial.
3. The Investigating Officer is directed to take the
photographs of the seized muddemal, at the cost of the
applicant and produce the same with indemnity bond of
applicant along with final report.
Mumbai.
Date : 06/01/2024.
SRD
Sd/-
Metropolitan Magistrate,
71st Court, Bandra, Mumbai.
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