Final Order 1

Order Details: Order Below EX 1
Pdf Text: Notice Case No. 882/N/2019 Bandra Police Station
ORDER BELOW APPLICAT ION FOR RETURN OF PROPERTY
1] This is an application filed by the applicant for return of property
namely Vivo Y 91 mobile valued at Rs.8,000/ seized in C.R. No.1002/2019
registered under section 392, 34 of I.P.C. by Bandra Police Station.
2] 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.
3] In support of application the applicant has filed on record her own
Affidavit and submitted that she is owner of the said mobile and having bill of
the said mobile. Verified copy of bill is annexed with the application. The
Applicant has filed on record xerox copy of F.I.R. dtd. 08/12/2019 which
shows her to be the original informant on whose report crime is registered. The
applicant has annexed verified copy of Aadhaar Card as proof of her identify
and address.
4] At this stage except the applicant there is no other claimant who
has claimed the custody of seized article. The seized property 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:
O R D E R
1] The application is allowed.
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2] The seized property namely Vivo Y 91 mobile valued at Rs.8,000/
seized in C.R. No.1002/2019 by Bandra Police Station be returned to the
Applicant Smt. Akshaya Ashok Tarphe residing at Room No.2, Vitthal Chawl,
Behind Saibaba Mandir, Mahim Causeway, Mahim W, Mumbai16 on executing
indemnity bond of Rs.10,000/ (Rupees Ten Thousand only) with condition
that
a) The applicant shall not to sell, transfer, alienate, dispose off or
handover the said mobile to third person before the conclusion of
trial.
b) The applicant shall not change the nature of the said mobile in any
mode or manner.
c) The applicant shall produce the said mobile 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 indemnity
bond of the applicant and shall return the muddemal on due verification of
applicant. Investigating Officer further directed to file indemnity bond in the
Court. On filing of indemnity bond, it be attached with the chargesheet.
Order accordingly.
Mumbai
Date: 18/02/2020
(Jaydeo Y. Ghule)
Metropolitan Magistrate
12th Court, Bandra, Mumbai.
*NKD
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