Final Order 1

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ORDER BELOW NOTICE BEARING NO.1725/N/18
IN C.R.NO.431/2018 OF VILEPARLE POLICE STATION, MUMBAI.
Paresh Sudhakar Potdar ...... Applicant.
V/s
The State of Maharashtra Through
Vileparle Police station, Mumbai. ...... Respondent
O R D E R
(Dated 20/12/2018)
The applicant seeking custody of articles those are seized
by the police, as following :
Sr. No. Particulars (as described in the application)
1 Old leather bag of orange colour.
2 26.520 grm gold neckless approximately
worth of Rs.82,000/
3 09.49 grm gold mangalsutra pendent
approximately worth of Rs.18,000/
4 06.150 grm gold ear rings approximately
worth of Rs.15,000/
5 30.670 grm gold Bajubandh approximately
worth of Rs.95,000/
6 10.460 grm gold kada approximately worth
of Rs.31,000/
7 Three piece of gold mangalsutra of 14.620
grm approximately worth of Rs.42,000/
8 Cash of Rs.25,000/ ( 14 notes of Rs.200
denomination, 42 notes of Rs.100/
denomination and 36 notes of Rs.500/
denomination.
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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.
The applicant has filed affidavit alongwith supporting
documents viz xerox copy of FIR, bills etc. He also filed No Objection of
Kedar Shrikant Harchekar. I do not find any justifiable reason to reject
the application. Therefore I proceed to pass the following order.
ORDER
1 The interim application is allowed.
2 The applicant shall execute an indemnity Bond of Rs.3,10,000/
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.
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8 Issue release order accordingly.
Sd/
Dt. 20.12.2018. (S.C. Pathare),
Metropolitan Magistrate,
ask 65th Court, Andheri, Mumbai.
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