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IN THE COURT OF METROPOLITAN MAGISTRATE,

28TH COURT, ESPLANADE, MUMBAI
C.C.No. 2800492/MISC/2023
C.N.R. No. MHMM11­000910­2023
(C.R.No.1076/2022)
Order on application
for Return of Property

1. This application is filed to return the seized gold total

weighing 694.93 grams and cash Rs. 63,300/­ to applicant on indemnity
bond. Perused application, say of I.O., Ld. A.P.P. and say of respondent
Nos. 2 and 3. Heard both side. Perused documents.

2. It is the case of the applicant that, he has handed over

1108.840 grams gold to the accused for making gold ornaments. However,
he has misappropriated said gold. The accused has prayed to return the
said gold ornaments as he prepared it for other jewelers/his clients.

3. Both the parties have filed documents in support of their

claim. The case is not yet adjudicated on merit. In such situation at this
stage, this court can not conclusively hold who is the rightful owner of
said gold. The gold is not perishable. Hence, if it is kept with the police
station its value would not be decreased. The description of recovered
gold is different from the description mentioned in the F.I.R. After the
conclusion of trial, the rightful owner will get the benefit of increase of
value of gold. Hence, if present application is rejected no prejudice will
cause to the applicant. Thus, for aforesaid reason, application is liable to
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be rejected. Accordingly, I proceed to pass following order :

ORDER

1. Application is hereby rejected.

2. Proceeding is disposed off.
Digitally signed by
GIRISH GIRISH
SUDARSHAN SUDARSHAN MANE
Date: 2023.06.17
MANE 17:22:31 +0530

(Girish S. Mane)
Mumbai Metropolitan Magistrate,
Date : 16/06/2023 th
28 Court, Esplanade, Mumbai