Final Order 1

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ORDER BELOW NOTICE BEARING NO.1372/N/18
IN C.R.NO.26/2014 OF VILEPARLE POLICE STATION, MUMBAI.
Avinash Kishore Kotharei ...... Applicant.
V/s
The state of Maharashtra Through
Vileparle Police station, Mumbai. ...... Respondent
O R D E R
(Dated 12/12/2018)
The applicant seeking custody of Gold chain with pendal
approximately weighted 13 grm valued Rs.39,000/ (mentioned in the
application).
The applicant submitted that police have seized above said
property. Now the said property are 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.
The applicant has filed affidavit along with supporting documents
viz xerox copy of FIR, copy of invoice, Adhar card 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
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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. 12.12.2018. (S.C. Pathare),
Metropolitan Magistrate,
ask 65th Court, Andheri, Mumbai.
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