Final Order 1

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ORDER BELOW NOTICE BEARING NO.164/N/19
IN C.R.NO.21/2019 OF VILEPARLE POLICE STATION, MUMBAI.
Rinkle Nayan Chhadva ..... Applicant.
V/s
The state of Maharashtra
above Police station, ...... Respondent
O R D E R
(Dated 01/02/2019)
The applicant seeking custody of articles (described in
seizure panchanama effected by the police).
The applicant submitted that police seized above said
property. Now the said property is lying in the police station, and
therefore, she is seeking custody.
The Investigating Officer and Ld APP submitted say
(provided details of the actual seized items) that they have no objection
to return the property by imposing conditions.
The Ld counsel of applicant submitted that said case property is
seized by police by drawing panchanama, therefore application be
allowed.
The applicant has filed affidavit alongwith supporting
documents viz xerox copy of seizure panchanama etc. When
Investigating Officer is having No objection then I do not find any
justifiable reason to reject the application.
Therefore I proceed to pass the following order in the interest of
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justice :
ORDER
1 This interim application is allowed.
2 The applicant shall execute an indemnity Bond of Rs.20,00,000/
and shall undertake that no modification, alteration, or any change
shall be made in the above described property till the final disposal of
the main case.
3. The applicant shall furnish photo identity and proof of permanent
and local residential addresses.
4 The applicant shall undertake to produce the said property before
the court, as and when directed.
5 The in charge of concern Police station shall cause the I.O. to
draw the panchanama and shall also take out photographs.
6 On production of the copy of the release order from this court,
the incharge of concern Police Station shall release the interim custody
of the aforesaid seized article/s to the applicant.
7 On compliance by the applicant issue release order to the
Incharge of concern Police Station and copy of the same be placed in
concern CR, for record purpose.
8 Issue release order accordingly.
Sd/
Dt. 01.02.2019 (S.C. Pathare),
Metropolitan Magistrate,
ask 65th Court, Andheri, Mumbai.
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