Final Order 1

Order Details: Order Below EX 1
Pdf Text: C.C. No. : 890/N/2019
Application for Return of Property
1. Read the application. The applicant / informant claimed that one gold lagad
and crunch of 146 grams, One silver lamp of 150 grams, One silver Samai of 200
grams, Silver Kumkum Karanda of 50 grams, Silver Tamhan of 250 grams were
stolen by unknown accused. Applicant claimed that she is the owner. Police
recovered the said property. Hence, applicant prayed to return the same.
2. Ld. APP filed the say underneath the application and submitted that the
conditions may be imposed upon the applicant. I.O. may also directed to obtain
photographs, and to prepare panchanama of the property. Accused also filed the
say and submitted no objection to return the property to the applicant. I.O. filed
separate say and submitted that said articles are recovered from accused during the
P.C.R. and court may pass the appropriate order.
3. Heard Ld. Counsel for the applicant. In the affidavit, applicant has stated that
ornaments were old one and gifted to her therefore, she has no any document 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 one gold lagad
and crunch of 146 grams, One silver lamp of 150 grams, One silver Samai of 200
grams, Silver Kumkum Karanda of 50 grams, Silver
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Tamhan of 250 grams 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.6,00,000/ (Rupees
Six Lakhs Only) undertaking to the effect that,
(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 above articles 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.15.01.2020 9th Court, Bandra, Mumbai.
Kkg
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