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. 880/N/2019
C.R. No. 212/2019.
Nirmal Nagar Police Station.
Padma Lingappa Maitri … Applicant
V/s.
Sr. Inspector of Police,
(Nirmal Nagar Police Station) ...Respondent.
ORDER BELOW APPLICATION FOR RETURN OF PROPERTY VIZ.
CASH OF RS. 1,00,000/, CASH OF RS.12,000/, 1.5 GRAM GOLD
CHAIN, 5 GRAM EARRING, 4 GRAM MANGALSUTRA
By this application the applicant is seeking return of muddemal
property, as quoted in the application, being entitled for the same. It is
further alleged that, it was stolen by somebody, therefore she had lodged
complaint with Nirmal Nagar police station and said muddemal is recovered
by Nirmal Nagar police station. 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, invoices, affidavit of
claiming of seized property etc.
2. Accordingly say of investigating officer and learned APP were
called. Investigating officer rendered his no objection to release seized
property in favour of applicant. Whereas, learned APP failed to file his say.
3. Heard argument, perused the record.
4. Perusal of say of investigating officer has seized cash of
Rs.14,000/ and silver ornaments of Rs.2,800/ were recovered at the
instance of accused. Therefore, applicant filed on record affidavit of
claiming seized property though she claimed entire stolen property.
Therefore, considering the reasons mentioned in application supported by
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documents, it is evident that, the seized 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 seized muddemal may be released in
favor of applicant. Hence, the following order :
ORDER
i) The seized muddemal be handed over to the applicant Padma
Lingappa Maitri, subject to furnishing Indemnity bond of र
3,000/ (Rs. Three Thousand 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 and note down the denomination of currency notes for
evidence purpose.
iv) Copy to the concerned police station for compliance of this
order.
Date : 13.01.2020
ssl.
(Sudhir N. Shinde)
Metropolitan Magistrate,
32nd Court, Bandra, Mumbai.
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