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. 675/N/2018
C.R. No. 258/2018.
Nirmal Nagar Police Station.
Sabbir Daud Saudagar … Applicant
V/s.
Sr. Inspector of Police,
(Nirmal Nagar Police Station) ...Respondent.
ORDER BELOW APPLICATION FOR RETURN OF PROPERTY VIZ.
ONE GOLD CHAIN, THREE GOLD RINGS TOTAL WORTH RS.52,000/
By this application the applicant Sabbir Daud Saudagar, is
seeking return of one gold chain and three gold rings, total worth Rs.
52,000/, 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. He 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, purchase invoices
and Aadhar card.
2. Accordingly say of investigating officer and learned APP were
called. Investigating officer rendered his no objection to release 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 chain and three gold rings be handed
over to the applicant Sabbir Daud Saudagar, subject to
furnishing Indemnity bond of र 52,000/ (Rs. Fifty Two
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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