Final Order 1

Order Details: Order Below EX 1
Pdf Text: 1
CC No.753/N/2022
Nutan Kanaiyalal Shah V/s. Santacruz PS
ORDER
1. This is an application filed for return of gold ornaments seized
in the crime by Santacruz Police Station in C. R. No.1117/2022 registered
u/sec. 457, 380 of IPC.
2. Investigating Officer did not object to return the seized gold
ornaments to the applicant. However, APP objected to release the gold
ornaments as it requires for trial.
3. Admittedly, seized gold ornaments belongs wife of applicant
namely Niroopam Nutan Shah. Applicant has filed the bills stands in the
name of Niroopam Nutan Shah. She has given No Objection to return the
seized gold ornaments 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 ornaments. Custody of gold ornaments is not required for
further investigation. In such circumstances, no good purpose would serve
keeping the said gold ornaments further in custody. For the apprehension
of APP condition can be imposed. Applicant is entitled to receive the seized
gold ornaments. In the result, following order is passed :
ORDER
1. The custody of gold ornaments seized in the crime by
Santacruz Police Station in C. R. No.1117/2022 registered
u/sec. 457, 380 of IPC be returned to the applicant on
furnishing indemnity bond of Rs.20,000/.
2. Applicant shall not to transfer, alter, alienate in any
manner seized gold ornaments 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 ornaments and to produce the same and
indemnity bond along with the final report.
Sd/
Metropolitan Magistrate,
Date: 29.11.2022 71st Court, Bandra, Mumbai.
aan/
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