Final Order 1

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ORDER BELOW NOTICE BEARING NO.1758/N/18
IN C.R.NO.621/2018 OF ANDHERI POLICE STATION, MUMBAI.
Jyoti Prashant Tambe ...... Applicant.
V/s
The State of Maharashtra Through
Andheri Police station, Mumbai. ...... Respondent
O R D E R
(Dated 02/01/2019)
The applicant is seeking custody of articles those are seized
by the police, as following :
Sr. No. Particulars (as described in the
application)
1 Two gold Mangalsutra 10 grm each
approximately worth of Rs.50,000/
2 15 grm gold neckles approximately worth
of Rs.40,000/
(Total approximately worth of
Rs.90,000/)
The applicant submitted that police has seized above said
property. Now the said property is lying in the police station, and
therefore, she is seeking custody of the same.
The Investigating Officer & Ld APP filed their say and they
have no objection. Further accused submitted say dated 02.01.2019
and thereby gave No objection.
The applicant has filed affidavit alongwith supporting
documents viz xerox copy of FIR, Adhar card etc. I do not find any
justifiable reason to reject the application. Therefore I proceed to pass
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the following order.
ORDER
1 This interim application is allowed.
2 The applicant shall execute an indemnity Bond of Rs.90,000/
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. 02.01.2019 (S.C. Pathare),
Metropolitan Magistrate,
ask 65th Court, Andheri, Mumbai.
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