Final Order 1

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ORDER BELOW NOTICE BEARING NO.1743/N/18
IN C.R.NO.472/2018 OF ANDHERI POLICE STATION, MUMBAI.
Ulhas Ramchandra Haldankar ...... Applicant.
V/s
The State of Maharashtra Through
Andheri Police station, Mumbai. ...... Respondent
O R D E R
(Dated 01/01/2019)
The applicant is seeking custody of badge of auto rickshaw
(mentioned in the application).
The applicant submitted that police has seized above said
property. Now the above said property is lying in the police station, and
therefore, he is seeking custody.
The Investigating Officer and Ld APP have failed to submit
say.
The applicant has filed supporting affidavit etc. Perusal of
FIR it shows that the seized property of accused is in the custody of the
police. If said badge is not available with applicant, then he will be
unable to drive rickshaw and ultimately he will face financial problems.
I do not find any justifiable reason to reject the application. Therefore I
proceed to pass the following order.
ORDER
1 This interim a pplication is allowed.
2 The applicant shall execute an indemnity Bond of Rs.5,000/ and
shall undertake that no modification, alteration, or any change shall be
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made in the above described property till the final disposal of the main
case.
3. The applicant shall furnish 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. 01.01.2019 (S.C. Pathare),
Metropolitan Magistrate,
65th Court, Andheri, Mumbai.
ask
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