Final Order 1

Order Details: Order Below EX 1
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CC No.698/N/2022
Shamim Kasim Shaikh V/s. BKC PS
ORDER
1. This is an application filed for return of gold ingot seized in
the crime by BKC Police Station in C. R. No.789/2022 registered u/sec.
380, 34 of IPC.
2. Investigating Officer did not object to return the seized gold
ingot to the applicant. However, APP objected to release the gold ingot as
it requires for trial.
3. Admittedly, seized gold ingot belongs to Shaikh Bashira
Adam. Applicant has filed the bill stands in the name of Shaikh Bashira
Adam. She has given No Objection to return the seized gold ingot to the
applicant. Application is well supported by affidavit of applicant. There is
no rival claim by any person in respect of the seized gold ingot. Custody of
gold ingot is not required for further investigation. In such circumstances,
no good purpose would serve keeping the said gold ingot further in
custody. For the apprehension of APP condition can be imposed. Applicant
is entitled to receive the seized gold ingot. In the result, following order is
passed :
ORDER
1. The custody of gold ingot seized in the crime by BKC Police
Station in C. R. No.789/2022 registered u/sec. 380, 34 of IPC
be returned to the applicant on furnishing indemnity bond
of Rs.92,000/.
2. Applicant shall not to transfer, alter, alienate in any
manner seized gold ingot to any person without prior
permission of Court and to produce the same as and when
required for trial.
3. The Investigating Officer is directed to take photographs of the
seized gold ingot and to produce the same and indemnity
bond along with the final report.
Sd/
Metropolitan Magistrate,
Date: 26.11.2022 71st Court, Bandra, Mumbai.
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