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. 672/N/2018
C.R. No. 256/2018.
Nirmal Nagar Police Station.
Sadaf Imtiyaz Sayyed … Applicant
V/s.
Sr. Inspector of Police,
(Nirmal Nagar Police Station) ...Respondent.
ORDER BELOW APPLICATION FOR RETURN OF PROPERTY VIZ.
ONE GOLD RING AND ONE INTEX COMPANY MOBILE
By this application the applicant Sadaf Imtiyaz Sayyed, is
seeking return of one gold ring and one Intex company mobile phone, as
quoted in the application, being entitled for the same. It is further alleged
that, it was stolen by somebody, therefore he 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. and affidavit.
2. Accordingly say of investigating officer and learned APP were
called. Investigating officer rendered his no objection to return said
muddemal in favour of applicant. Whereas, APP have failed to file his say.
3. Heard argument, perused the record.
4. Considering the reasons mentioned in application supported by
documents, it is evident that, the aforementioned 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 him.
Hence, upon imposing certain conditions the said muddemal may be
released in favor of applicant. Hence, the following order :
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2
ORDER
i) The seized one gold ring and one Intex company mobile
phone be handed over to the applicant Sadaf Imtiyaz
Sayyed, subject to furnishing Indemnity bond of र 25,000/
(Rs. Twenty Five Thousand Only).
ii) He 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.
iv) Copy to the concerned police station for compliance of this
order.
Date : 11.10.2018
ssl.
(Sudhir N. Shinde)
Metropolitan Magistrate, 32nd Court,
Bandra, Mumbai.
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