Final Order 1

Order Details: Order
Pdf Text: IN THE COURT OF ADDL.CHIEF JUDICIAL MAGISTRATE,
22nd COURT, ANDHERI, MUMBAI.
Notice No. 496/N/2023
Cr. No. 1239/2022
M.I.D.C. Police Station
M/s. MBMG Diamonds Private Limited
(through its authorized representative
Mr. Santosh Mahadev Malkanavar
… Applicant
V/s.
Sr. Inspector of Police,
(M.I.D.C. Police Station). ...Respondent.
ORDER BELOW APPLICATION FOR RETURN OF PROPERTY
1. Perused the application in hand. Applicant Mr. Santosh
Mahadev Malkanavar has filed the application under Section 457 of the
Code of Criminal Procedure. The applicant has prayed for return of
valuable property i.e. 1) gold weighing 36 grams valued Rs.1,20,000/-
& 2) diamond weighing 6 caret valued Rs.2,40,000/-, total valued
Rs. 3,60,000/- which is property owned by above-mentioned company
and he is working there as Supervisor in Security Housekeeping
Maintenance Department.
2. On the report of applicant, crime of theft is registered by
Police Station M.I.D.C. Further, during investigation the culprit was
booked, the above property came to be recovered from him. Being the
authorized representative of the above company, he claims it by way of
this application.
3. The applicant has filed his authority letter of above
company, affidavit, xerox copy of FIR, copy of his Aadhar card, copy of
his I card, in support of his application.
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4. The State has no objection in returning the valuable
property.
5. Being the authorized representative of owner of the
property, which was subjected to theft keeping it with police official till
culmination of trial doesn't make sense. There is no reason to deprive
applicant from the valuable property. Hence, on certain conditions it
needs to be released. Hence, the following order.
O R D E R
1. The application is allowed.
2. Interim possession of 1) gold weighing 36 grams valued
Rs.1,20,000/- & 2) diamond weighing 6 caret valued Rs.2,40,000/-
total valued Rs. 3,60,000/- seized by M.I.D.C. Police Station in C.R.No.
1239/2022 be given to applicant Mr. Santosh Mahadev Malkanavar on
his entering 'Supurtnama' Bond of Rs.3,60,000/- (Rs. Three Lakhs Sixty
Thousand only).
3. The Investigating Officer to prepare detail panchnama with
photographs of the recovered articles and append it with the final
report.
4. The gold shall be examined by the goldsmith before its
release to the applicant. Certificate issued by the goldsmith shall be
appended along with the final report.
5. The expenses of goldsmith shall be borne by the applicant.
6. The applicant shall not alienate, sell, transfer, article
without the permission of the Court, till the case is finally disposed of.
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...3... Notice Case No.496/N/2023
Order below Exh.1, contd.
7. The applicant is directed to produce the above property,
whenever ordered by the Court.
8. Issue letter to M.I.D.C. Police Station accordingly.
9. The bond furnished in compliance to the order above be
placed with final report tendered in the above crime.
Date :- 05.07.2024
Sd/-
(J. W. Gaikwad)
Addl. Chief Judicial Magistrate,
22nd Court, Andheri, Mumbai.
csj
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