The Metropolitan magistrate has ordered the return of seized diamonds to their rightful owner. Bringing a month-long dispute to a close. The diamonds were seized by the BKC police station in the case registered under sections 409, 419, 420, and 120(b) of the Indian Penal Code (IPC).
The case, identified as C.R. No. 759/2022, involved a conflict between ownership and custody of valuable diamonds. Admittedly, the seized ornament belongs to the claimant. Claimant counsel Advocate Aditya Pratap has produced Tax invoices in support of his contention. The application is well supported by an affidavit of the claimant. There is no rival claim by any person in respect of the seized diamonds. The Investigating Officer did not object to returning the seized diamonds to the claimant but AAP (Additional Public Prosecutor)objected to returning the seized diamonds to the claimant as required for trial.
Later the Honorable Court found Custody of the diamonds was not required and was unnecessary for further investigation and passed the return order of the diamond to the claimant.
But the court ordered the claimant that he shall not transfer, alter, or alienate in any manner seized diamonds to any person without prior permission of the Court and to produce the same as and required for trial.
The judgment reflects a balance between the legal process and the rights of the claimant ensuring against the seized property. As per the court, the claimant is required to furnish an indemnity bond of Rs. 3.50 crore to secure the return of the diamond.
Looking forward, the Investigating Officer has been directed to comply with the court order, including the submission of the necessary documents related to the indemnity bond and the final investigation report.
ORDER PASSED BY HONORABLE COURT
1. The custody of diamonds seized in the crime by BKC Police station in C.R. No.759/2022 registered under sections, 409, 419, 420, 120(b) of the Indian Penal Code(IPC) be returned to the claimant on furnishing indemnity bond of Rs. 3.50 crore.
2. Claimant shall not transfer, alter, or alienate in any manner seized diamonds to any person without prior permission of the court and to produce the same as and required for further trial.
3. The Investigating Officer is directed to produce the bond of the claimant along with the final report.
In conclusion, the ordered return of the seized diamonds represents the victory of legal clarity and procedural justice. In the ruling, the honorable high court ordered the return of the seized diamond to the claimant the rightful owner, in the case registered. This decision is a victory for the claimant and for his counsel Advocate Aditya Pratap, who had been fighting to get his diamonds back for months. The court’s order balances the legal process with the rights of the owner, ensuring that the seized property is returned to its rightful owner.
The investigating officer must now comply with the court’s order and submit the necessary documents, including the indemnity bond and the final investigation report. The court has ordered the return of the seized diamonds to their rightful owner, in a case involving fraud and cheating. The decision is a win for legal clarity and procedural justice.
In the end, justice was served, and the rightful owner got back what belonged to him. This case shows that even in complex legal battles, the truth can prevail. It’s a reminder that our legal system is designed to protect our rights and ensure that justice is served. The Claimant’s determination, his counsel Advocate Aditya Pratap’s long experience in such cases, and the court’s fair decision have brought closure to this month-long dispute. The return of the diamonds is a victory for fairness and the rule of law.