Final Order 1

Pdf Text: 1
ORDER BELOW NOTICE BEARING NO.1787/N/18
IN C.R.NO.607/2018 OF ANDHERI POLICE STATION, MUMBAI.
Hapag Lloyd India Private Limited
through authorized person namely
Satish Ashok Gupta ..... Applicant.
V/s
The state of Maharashtra
above Police station, ...... Respondent
O R D E R
(Dated 31/01/2019)
The applicant seeking custody of articles (described in para
of the application).
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 (provided details
of the actual seized items) that they have no objection to return the
property. Say of Ld APP has not come on the record yet.
The applicant has filed affidavit alongwith supporting
documents viz xerox copy of bills/invoices, authority letter etc. When
Investigating Officer is having No objection then I do not find any
justifiable reason to reject the application.
-- 1 of 2 --
2
Therefore I proceed to pass the following order in the interest of
justice :
ORDER
1 This interim application is allowed.
2 The applicant shall execute an indemnity Bond of Rs.6,50,000/
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 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 applicant.
7 On compliance by the 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 Applicant submitted pursis that whatever property mentioned
in the reply of the police be returned to the same, hence said
request is accepted.
9 Issue release order accordingly.
Sd/
Dt.31.01.2019 (S.C. Pathare),
Metropolitan Magistrate,
ask 65th Court, Andheri, Mumbai.
-- 2 of 2 --