Final Order 1

Order Details: Order Below EX 1
Pdf Text: Case No.856/N/2018 C. R. No.272/2018
Mahim Police Station
Order below application for Return of property
On going through application, it appears that Mahim Police Station has
seized one golden chain in broken condition in crime No.272/2018 for the offence
punishable under section 392 r/w. 34 of IPC. Applicant has claimed that, he is the
owner of seized property and first informant in this case, therefore, he sought
temporary custody of seized property. To support his claim, applicant has filed his
affidavit, bill and Aadhar Card.
On the application say of APP and I.O was called. Both of them have given
no objection to hand over custody of golden chain to applicant on certain conditions.
On perusal of documents on record, it confirms that applicant is owner of
seized property. Seized property is recovered in broken condition, therefore, it can
be identified during trial. No other claimant come forward to claim the property.
Hence, applicant being the owner of golden chain is entitled for temporary custody
on certain conditions. Hence, I pass following order :
ORDER
The Inspector of Mahim Police Station, if in possession of the golden chain
weighing about one tola, shall hand over the same to the present applicant after
making panchanama, obtaining goldsmith certificate and taking photographs.
Before that the applicant to furnish Indemnity Bond on nonjudicial stamp
paper of Rs.100/ for Rs.25,000/(Rupees twentyfive Thousand Only) undertaking
to the effect that,
(a)he will not alienate, destroy, part with the possession of the above seized
property,
(b)he will produce the property before the Court as and when required.
Investing Officer shall file goldsmith certificate, panchanama and
photographs in the chargesheet.
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(S. K. MUNGILWAR)
Addl.Chief Metropolitan Magistrate,
9th Court, Bandra, Mumbai
Dt.22.01.2019
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