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. 728/N/2022
C.R. No. 1048/2022.
Nirmal Nagar Police Station.
CNR No. MHMM180109242022
Mohd. Yakub Mohd. Aslam Shaikh … Applicant
V/s.
Sr. Inspector of Police,
(Nirmal Nagar Police Station) ...Respondent.
ORDER PASSED BELOW EXH.1
This application is filed by the applicant namely Mohd. Yakub
Mohd. Aslam Shaikh for release of seized gold 8 ornaments weighing 68
grams, which is seized by the Nirmal Nagar Police Station in connection with
Crime No.1048/2022 registered with the Nirmal Nagar police station for the
offence punishable under section 454, 457, 380 of I.P.C.
2) Both I.O. and Ld. APP filed their say. I.O has given his no
objection. Ld. APP submitted that, said muddemal is required at the time of
trial. If muddemal is released, it may tamper or sold. She prayed for rejection.
3) In support of his contention regarding ownership, applicant has
filed on record verified copy of invoices and xerox copy of FIR, statement and
Aadhar card alongwith his affidavit.
4) In the matter of Sunderbhai Ambalal Desai V/s. State of
Gujrath, AIR 2003, SC 638 the Hon'ble Supreme Court has laid down certain
guidelines as to the property which is seized by the police during the
investigation, which is to be disposed of as early as possible. Furthermore,
accused Sufiyan Shaikh, from whom all gold ornaments recovered, has given
his noobjection to applicant. As per this ratio, said articles are returned to the
applicant. Under such circumstances, I pass following order.
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:: O R D E R	O R D E R ::
1] Application is allowed.
2] The seized muddemal property i.e. gold 8 ornaments weighing 68
grams be handed over to applicant on executing indemnity bond
of Rs. 3,50,000/ (In words rupees Three Lakhs Fifty Thousand
only), in the police station.
3] The applicant should undertake that he shall not transfer, pledge
or any other way alienate the said muddemal till the final disposal
of the Crime No.1048/2022 of Nirmal Nagar Police Station and
criminal case incidental there of.
4] The applicant is also directed to produce the said muddemal
property as and when ordered to do so.
5] The I.O. is directed to draw the proper panchanama and take out
two photographs of the muddemal property in order to establish
the identity for identification and evidence.
6] The applicant is also directed to produce his address proof.
7] Said application is to be affixed with Crime No.1048/2022.
Date : 01.12.2022
ssl.
(Smt. A.M. Shah)
Metropolitan Magistrate,
32nd Court, Bandra, Mumbai.
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