Final Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No.233/MISC./2022
CNR No. MHMM18-014541-2022
ORDER BELOW EXH.-1
The applicant has filed the present application for
modification of order dated 05/11/2020 passed in C. C. No. 486/N/2020,
below application for return of property, in connection with C. R.
No.34/2020 of police station- B.K.C. It is contended that, while passing
order the description of the diamonds have been wrongly mentioned, as
333.48 ct. instead of Hawa +2 top 141.93 ct. Therefore, it is necessary to
modify the said order in that respect and also sought modification in the
order of direction for giving bank guarantee.
2. The Investigating Officer has filed his say and contended that,
order can be modified so far as, the description of the diamonds has
contended by the applicant.
3. Ld. A.P.P. by filing his say dated 03/09/2024 prayed for
passing appropriate order.
4. I have heard Ld. Advocate Shri Vikas Tiwari for applicant and
Ld. APP Shri Joshi for the state.
5. Ld. Advocate Shri Tiwari by filing pursis (Exh.-2) not pressed
the prayer clasue B, which is in respect of modification of order of giving
guarantee.
6. From the say filed by the Investigating Officer it appears that,
the diamonds having description of 144.93 ct. have been recovered but in
the order passed by the court it has been having as 333.48 ct. and the
investigation agency has no objection to modify the order dated
05/11/2020. It is cleared that, the diamonds which are seized in
connection with the C. R. No.34/2020, are having 141.93 ct. Therefore,
the modification, in the interest of justice, as prayed can be granted. So far
as, the prayer regarding modification in direction to give guarantee is
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concerned Ld. Advocate Shri Tiwari has not pressed the said prayer by
filing pursis at (Exh.-2), hence, no order in respect of said prayer can be
passed. Therefore, I proceed to pass folloing order.
ORDER
The application is partly allowed.
The clause 1 of order dated 05/11/2020, in C.C. No.
486/N/2020 is hereby modified in following manner.
1 The custody of Hawa +2 top 141.93 ct. diamonds
seized by B.K.C. police station, in C. R. No.34/2020
registered under section 420, 409, 411 r/w 34 of
Indian Penal Code be handed over to applicant M/s.
Jalpa Diamond.
2 The rest of the order is entact.
Place : Mumbai.
Date: 20/09/2024.
Sd/-
(A. B. Jadhav)
Metropolitan/Judicial Magistrate,
(First Class), 71st Court, Bandra, Mumbai.
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