Final Order 1

Pdf Text: 1
ORDER BELOW NOTICE BEARING NO.1230/N/18
IN C.R.NO.126/2018 OF VILEPARLE POLICE STATION, MUMBAI.
Makrand Yashwant Sawant ...... Applicant.
V/s
The State of Maharashtra Through
Vileparle Police station, Mumbai. ...... Respondent
O R D E R
(Dated 05/12/2018)
The applicant seeking custody of articles those are seized
by the police, as following :
Sr. No. Particulars (as described in the application)
1 10 grm gold mal approximately worth of
Rs.20,000/
2 10 grm gold mal approximately worth of
Rs.20,000/
3 5 grm gold ear rings approximately worth
of Rs.10,000/
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 submitted say and they have no
objection to return the property, by imposing conditions. Ld APP
insisted to call say of the accused, however from the report of police
dated 14.11.2018 it is reported that accused is not available on her
address. Therefore, despite opportunities, say of accused could not
come on the record.
-- 1 of 2 --
2
From the record it is clear that present applicant is the
original informant and said theft was committed pertaining to his
articles.
The applicant has filed affidavit along with supporting documents
viz xerox copy of FIR etc. I do not find any justifiable reason to reject
the application. Therefore I proceed to pass the following order.
ORDER
1 This interim application is allowed.
2 The applicant shall execute an indemnity Bond of Rs.50,000/
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. 05.12.2018. (S.C. Pathare),
Metropolitan Magistrate,
ask 65th Court, Andheri, Mumbai.
-- 2 of 2 --