Final Order 1

Order Details: Copy of Order
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE
27th COURT, MULUND, MUMBAI
Case No. 24/N/2020
C.R. No. 08/2020
Police Station Mulund
Order on Application for Return of Property Seized by Police
(Passed on 01/02/2020)
1. Perused the application and the documents filed along with
it.
2. The Investigation Officer has no objection to release the
seized property i.e. Pukhraj Gem Stone.
3. The applicant has filed the following documents :-
* Xerox copy of Affidavit.
* Xerox copy of FIR.
* Xerox copy of Valuation report of jewellery.
* Xerox copy of Tax-Invoice of seized property.
* Xerox copy of Aadhar card.
* Xerox copy of Registration Certificate of Establishment.
4. Complainant has lodged the complaint U/s 380 of IPC.
Complainant is employee of applicant. Applicant is owner of the
shop where the complainant work. Complainant has not claimed
the property. Applicant is the owner of the seized property. As per
FIR Pukhraj Gem Stone is stolen by accused. During the
investigation IO has seized above said property from the custody
of accused. Applicant shows his prima-facia custody of property.
5. No purpose would be served in keeping the seized property
lying in the Police Station. The trial would not be concluded in
near future.
6. As the applicant has shown his ownership over the seized
property he is entitled for the possession of the same. In the result
-- 1 of 2 --
IN THE COURT OF METROPOLITAN MAGISTRATE
27th COURT, MULUND, MUMBAI
Case No. 24/N/2020
C.R. No. 08/2020
Police Station Mulund
following order is passed.
ORDER
1. The application is allowed.
2. The seized property i.e. Pukhraj Gem Stone which is seized
by IO as per say dt. 31/01/2020, be handed over to the applicant
namely Mr. Rakesh Mangilal Surya till the conclusion of the trial
on executing indemnity bond of Rs.1,20,000/- by the applicant
before the IO on following condition :
i) The applicant shall produce the above seized
property before the Court as and when required.
ii) He shall not create third party interest with respect
to the said seized property
iii) He shall not change the nature of the said seized
property.
3. I.O. Is directed to execute the detail panchanama and also
take the photograph of the seized property. Panchanama and
photograph be produce along with the charge sheet. Expenses of
photograph be paid by the applicant.
Date :- 01/02/2020
(A. D. Pundalik)
Metropolitan Magistrate
27th Court, Mulund, Mumbai
BPG
-- 2 of 2 --