Final Order 1

Order Details: Order Below EX 1
Pdf Text: Notice Case No. 897/N/2019 Dharavi Police Station
ORDER BELOW APPLICATION FOR RETURN OF PROPERTY
1] This is an application filed by applicant for return of property namely
three pairs of golden ear tops weighing of 15 grams valued at Rs.45,000/ and
103 pieces of golden mani weighing of 15 grams valued at Rs.34,000/ total
worth Rs.79,000/ seized in C.R. No.306/2018 (C.C. No.139/PW/2019)
registered u/s. 380 of the Indian Penal Code by Dharavi 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 his own
affidavit and submitted that he is lawful owner of the said property. Verified copy
of receipt is filed on record. The Applicant has filed on record copy of F.I.R. dated
01/08/2018 which shows him to be the original informant on whose report crime
is registered. He has annexed verified copy of Aadhaar Card as proof of his
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 article is gold and it 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 three pairs of golden ear tops weighing
of 15 grams valued at Rs.45,000/ and 103 pieces of golden mani weighing of 15
grams valued at Rs.34,000/ total worth Rs.79,000/ seized in C.R. No.306/2018
(C.C. No.139/PW/2019) by Dharavi Police Station, be returned to the Applicant
Mr. Gomaram Devaji Choudhary residing at 116, B Wing, Vitthal Society,
Khambadevi, Dharavi17, on furnishing solvent surety of Rs.79,000/ with
conditions that
a) The applicant shall not to sell, transfer, alienate, dispose off the
said golden articles or any part of it to any third person before the
conclusion of trial.
b) The applicant shall not change the nature, design of the golden
articles in any mode or manner.
c) The applicant shall produce the said golden articles 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 him
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 after taking picture of the gold articles. Investigating Officer further
directed to file all above documents in the Court which on receipt be attached
with the chargesheet.
Order accordingly.
Mumbai.
Date : 05/02/2020
(Jaydeo Y. Ghule)
Metropolitan Magistrate,
12th Court, Bandra, Mumbai.
*NKD
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