Final Order 1

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ORDER BELOW NOTICE BEARING NO.1181/N/18
IN C.R.NO.295/2018 OF ANDHERI POLICE STATION, MUMBAI.
Ajaykumar Pannalal Gupta ...... Applicant.
V/s
The State of Maharashtra Through
Andheri Police station, Mumbai. ...... Respondent
O R D E R
(Dated 04/01/2019)
The applicant seeking custody of articles those are seized
by the police, as following :
Sr. No. Particulars (as described in the application)
1 Three Reliance mobile worth of Rs.4,500/
(Rs.1500/each)
2 Cash of Rs.14,000/
3 2 grms pendal worth of Rs.4,000/
4 2 grms pendal worth of Rs.4,000/
5 13 Grms Lagad worth of Rs.16,000/
The applicant submitted that police has seized above said
property. Now the said property is lying in the police station, and
therefore, he is seeking custody.
The Investigating Officer & the Ld APP filed say and they
have no objection to return the property, by imposing conditions.
Notice was also issued to the accused but he is not available on his
address.
The applicant has filed affidavit along with supporting
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documents viz xerox copy of Adhar card etc. I do not find any
justifiable reason to reject the application. Therefore I proceed to pass
the following order.
ORDER
1 Application is allowed.
2 The applicant shall execute an indemnity Bond of Rs.45,000/
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 his 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 article/s to the complainant/ applicant.
7 On compliance by the complainant/ 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. 04.01.2019 (S.C. Pathare),
Metropolitan Magistrate,
ask 65th Court, Andheri, Mumbai.
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