Interim Order 1

Order Details: Order Below EX 1
Pdf Text: IN THE COURT OF JUDICIAL MAGISTRATE (FIRST CLASS),
32ND COURT, BANDRA, MUMBAI.
C.C. No. 2747/PW/2024
C.R. No. 1199/2022.
Nirmal Nagar Police Station.
Jayshree Shankar Ghorpade … Applicant
V/s.
Sr. Inspector of Police,
(Nirmal Nagar Police Station) ...Respondent.
ORDER PASSED BELOW EXH.3
This is application is filed by the applicant namely Jayshree
Shankar Ghorpade for release of one 10.780 grams gold chain and 2 grams
pendant, total weighing 12.780 grams weight 25 grams, which is seized by the
Nirmal Nagar Police Station in connection with Crime No. 1199/2022
registered with the Nirmal Nagar police station for the offence punishable
under section 420, 406 of I.P.C.
2) As charge-sheet is filed, Say of Ld. APP was called. Ld. APP prayed
for appropriate order with terms and condition.
3) In support of her contention regarding ownership, applicant has
filed on record verified copy of invoice, photographs alongwith her affidavit.
4) Read the application, say and record of the case. The description
mentioned in the FIR is matching with the description mentioned in the FIR. At
this point no one else has shown better possessory title of the articles of this
muddemal. The possession at this point is only temporary and not permanent.
There is no point in keeping the valuables in custody of the police.
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5) 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. As per this ratio, said muddemal is
liable to be returned to the applicant at this stage on temporary basis. The
applicant shall preserve the muddemal as it is and shall produce the same
before the court, as and when required. Under such circumstances, pass
following order :-
-:	-: O R D E R	O R D E R :-	:-
1] Application is allowed.
2] The seized muddemal property i.e. one 10.780 grams gold chain
and 2 grams pendant, be handed over to applicant on temporary
basis, on executing indemnity bond of Rs. 1,20,000/- (In words
rupees One Lakh Twenty 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. 1199/2022 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] The applicant shall produce the said muddemal as and when
required by the court.
Date : 27.07.2025
ssl.
(S.S. Parkhi)
Judicial Magistrate (First Class),
32nd Court, Bandra, Mumbai.
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