Final Order 1

Order Details: Order below Ex-1
Pdf Text: C.C.No.2569/Misc./2025 1 Exh.No.01
Mohammed Ibrahim Vs. The State + 1
MHMM110075052025 IN THE COURT OF JUDICIAL MAGISTRATE (FIRST
CLASS), 28TH COURT, ESPLANADE, MUMBAI
(Presided over by : Subhash L. Phule)
ORDER BELOW EXH.NO.01 APPLICATION FOR RETURN OF PROPERTY
01. The applicant / informant Mohammed Wazid Ibrahim made this
application on affidavit Exh.No.03 under
Section 503 of The Bharatiya Nagarik
Suraksha Sanhita, 2023 through Ld. Adv. Shri. Mayur Mohite for delivery of
possession of 07 pieces of emerald.
02. The applicant contended that at his instance, C.R.No.578/2025 is
registered at L. T. Marg Police Station for the offences punishable under
Section
318(4) of The Bharatiya Nyaya Sanhita, 2023 against the respondent No.02.
03. Respondent No.01 State through Investigation Officer during
investigation arrested respondent Nos.02 / accused. The Investigation Officer
seized 07 pieces of emerald from the respondent No.02. The applicant is
rightful owner and ready to abide by the terms and conditions for delivery of
possession of seized emerald.
04. Respondent No.01 - Investigating Officer filed Say Exh.No.04 on
31.07.2025.
05. Ld. APP Shri. V. N. Mulgir filed Say Exh.No.05 and objected on the
count that, the applicant has not produced document to prove ownership.
Muddemal is important part of evidence and required for identification. If
emerald returned to the applicant, he will not produce it as and when required.
Hence, he prayed for rejection of application.
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C.C.No.2569/Misc./2025 2 Exh.No.01
Mohammed Ibrahim Vs. The State + 1
06. The respondent No.02/ accused Parth Deepak Soni filed reply on
16.10.2025. He objected the application on the count that, the police illegally
recovered diamonds from Mr. Pingalkar. The said diamonds is not belonging to
the applicant. The applicant failed to produce GST bill to prove existence of
such alleged diamonds. The applicant filed false case against him. Hence, he
prayed to reject the application.
07. The applicant filed on record copy of FIR and cash credit memo
dated 04.06.2025.
08. I studied the guidelines issued by the Hon'ble Apex Court in case of
Sunderbhai Ambalal Desai Vs. State of Gujarat, 2002 law suit (SC) 1346.
Guideline (G) reads as : If material on record indicates that, such articles
belong to complainant then, the seized articles be handed over to the
complainant. Record indicates that emerald belongs to the applicant.
09. The informant lodged FIR with respect to 48 diamonds.
Investigation Officer recovered 07 pieces of emerald during investigation.
There is no point in keeping 07 pieces of emerald pending at the police station
especially when respondent Nos.02 did not claim and prove ownership and
possession. There is risk of security to keep diamonds pending in the police
station. Hence, diamonds can be delivered to the applicant on certain
conditions and on executing indemnity bond. Hence, following order is passed :
O R D E R
01. The application made by the applicant / informant Mohammed
Wazid Ibrahim is allowed.
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C.C.No.2569/Misc./2025 3 Exh.No.01
Mohammed Ibrahim Vs. The State + 1
02. Interim custody / possession of 07 pieces of emerald be delivered
till conclusion of the trial to the applicant on his executing
indemnity bond of Rs.5,00,000/- before the I. O. / Officer in-
charge of police station. He shall execute bond on non-judicial
stamp of Rs.500/-.
03. The applicant shall file his permanent address, copy of bank
account and PAN card with Investigation Officer / Officer in-charge
of the L.T. Marg Police Station.
04. Investigating Officer shall take photographs at the time of
delivering possession of emerald to the applicant and prepare
panchnama. He shall tag photographs and panchnama with
Charge-sheet.
05. Issue letter to I. O. / PSO accordingly.
06. Proceeding stands closed. It be tagged with charge-sheet on its
filing.
(Subhash L. Phule)
Date : 13/11/2025. Judicial Magistrate (First Class)
Place : Mumbai. 28th Court, Esplanade, Mumbai.
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