Final Order 1

Order Details: Order Below EX 1
Pdf Text: 1
CC No.679/N/2022
Deepakkumar B. Nayak V/s. Santacruz PS
ORDER
1. This is an application filed by the applicant for return of
gold mangalsutra seized in the crime by Santacruz Police Station in
C. R. No.993/2022 registered u/sec. 380 of IPC.
2. Investigating Officer did not object to return the seized
mangalsutra to the applicant. However, APP objected to release the
mangalsutra as it requires for trial.
3. Admittedly, seized mangalsutra belongs to the applicant
and it was seized from him. Application is well supported by affidavit of
applicant. There is no rival claim by any person in respect of the seized
mangalsutra. Custody of the mangalsutra is not required for further
investigation and it is not stolen property. In such circumstances, no
good purpose would serve keeping the said mangalsutra further in
custody. For the apprehension of APP condition can be imposed.
Applicant is entitled to receive the seized mangalsutra. In the result,
following order is passed :
ORDER
1. The custody of gold mangalsutra seized in the crime by
Santacruz Police Station in C. R. No.993/2022 registered
u/sec. 380 of IPC be returned to the applicant on furnishing
indemnity bond of Rs.10,000/.
2. Applicant shall not to transfer, alter, alienate in any
manner seized ornament to any person without prior
permission of Court and to produce the same as and when
required for trial.
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3. The Investigating Officer is directed to produce indemnity
bond of the applicant along with the final report.
Sd/
Metropolitan Magistrate,
Date: 17.11.2022 71st Court, Bandra, Mumbai.
aan/
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