Final Order 1

Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE,
66TH COURT, ANDHERI, MUMBAI.
Notice No. : 908/N/2018. C. R. No.295/2018.
Amboli Police Station.
Mahender Karamsingh Malik. … Applicant.
V/s.
Sr. Inspector of Police,
(Amboli Police Station). ...Respondent.
ORDER BELOW APPLICAION
FILED BY THE ACCUSED FOR RETURN OF PROPERTY
Read the application, say of Ld. A.P.P., say of
Investigation Officer. Heard Ld. Counsel for applicant and Ld.
A.P.P. at length. The Ld. counsel for the applicant has relied
upon the decision of Honourable Supreme Court, decided on
01/10/2002, in Sunderlal Ambalal Desai V/s. State of Gujarat,
wherein the Honourable Supreme Court discussed the object of
section 451 and 457 of Criminal Procedure Code and laid down
guidelines in that regard.
2. It reveals that, the applicant has made this
application for return of property i.e. Arms licence No.
994/VI/P/2014 and 3 weapons viz. NPB Revolver/Pistal, N. P.
B. Rifle and DBBL Gun with cartridges. It is his contention that,
he is on bail. Police has taken above said arms and 3 weapons.
He is in need of it. He will not misused it and will produce it
when order by the court, with that regard he is ready to execute
bond and abide by any condition imposed by the court. Hence,
prayed to return the property mentioned above.
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3. Say of Investigation Officer and Ld. A.P.P. disclosed
that, above Arms and immunizations were recovered from the
Mercedes motor car bearing registration No. HP52C4747 and
Rifle bearing registration No. 134203212, 2) 12 Bore Pump
Action Gun Pump Action Gun 18 PGN 00854 RFIIN2018, 3) 12
Bore Pump Action Gun Pump Action Gun 18 PGN 00860 RFI
IN2018, 4) Rifle having mark AB 0812931 and 5) Empty
Cartridge sent to Forensic Lab for it's report and they have been
seized by the police. If weapons are handed over the possibility
of misused by applicant can not be ruled out. Hence, prayed to
reject the application.
4. If considered the argument advanced by the Ld.
counsel for the applicant and the Ld. A.P.P. and cited supra
decisions it appears that, Arms and immunizations as well as
vehicle in which above said property was found and thereafter it
was seized and now the Arms were sent to Chemical Analyzer. It
appears that, investigation is going on, the Arms for which the
application is made is required for investigation, it's necessity
with the police is essential for the investigation. Investigation is
of prime importance therefore property can not be handed over
to the applicant. In these circumstances, the prayer made by the
applicant can not be considered. Therefore, application is
required to be rejected. Hence, it is rejected.
Date : 17/07/2018.
Srd.
Sd/
(R. M. Nerlikar)
Metropolitan Magistrate,
66th Court, Andheri, Mumbai.
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