Final Order 1

Order Details: Order Below EX 1
Pdf Text: CNR NO.MHMM18-010062-2024 C. C. No. 478/N/2024
Pyare V/s. Vakola P. Stn.
ORDER
1. This is an application filed for return of muddemal i.e. gold
and silver ornaments and pieces seized in the crime by Vakola Police
Station in C. R. No.703/2024 registered under section 331 (7) of The
Bharatiya Nyaya Sanhita, 2023.
2. I.O. did not objected to return the seized muddemal to the
applicant, as it requires for trial. Ld. A.P.P. objected to release the said
muddemal.
3. Admittedly, seized muddemal belongs to the applicant.
Applicant in support of his contention has produced xerox copies of
F.I.R. and his Aadhar Card. Application is well supported by affidavit of
applicant. Custody of the seized muddemal is not required for further
investigation. In such circumstances, no good purpose would serve
keeping the said muddemal further in custody. For the apprehension of
Ld. A.P.P. condition can be imposed. Applicant is entitled to receive the
only seized muddemal. In the result, following order is passed :-
ORDER
1. The application is allowed.
2. The custody of muddemal i.e. gold and silver ornaments
and pieces` seized in the crime by Vakola Police Station in
C. R. No. 703/2024 registered under section 331 (7) of
The Bharatiya Nyaya Sanhita, 2023 be returned to the
applicant on furnishing indemnity bond of R.1,00,000/-.
3. The Investigating Officer is directed to draw panchmana
of the seized muddemal and produce the same with
indemnity bond of applicant alongwith final report.
Mumbai
Date : 03/09/2024.
SRD
Sd/-
Metropolitan/Judicial Magistrate,
(First Class), 71st Court, Bandra, Mumbai.
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