Final Order 1

Order Details: Order below Ex-1
Pdf Text: - 1 - Misc. Appln. No.96/M/2026
CNR No.MHMM13-000632-2026
Jagdish R. Dharanatti – Vs – State
Order below Exh. 1
1. Perused the application and the documents filed along with it,
and say given by I.O and APP. Heard both parties. The present
application is moved by the applicant for releasing the seized
articles i.e. (i) Pioneer DJ Player in Red and Black Colour Box,
(ii) Silver and Black electric wire board, (iii) 2 DBX, 2 NXM
distributor, (iv) Amplifire in silver and black colour box, (v) QD Live
Mixure, (vi) Laptop Dell Company Black Colour, (vii) Ear Phone NX
Company, (viii) 2 duel Speaker 18 inch, (ix) 2 speaker 15 inch, (x) 16
wires, (xi) DJ Belt orange colour, (xii) Black colour stand and (xiii)
Laptop Bag Blue colour total amounting to Rs.85,550/- in Crime
No.26/2026 registered under section 223, 3(5) of BNS along with
Sec.37(1)(e), 135 of Maharashtra Police Act by Shivaji Nagar P.S. It is
submitted that during investigation the police had seized above
muddemal. The said seized articles belongs to applicant and thereby
he is entitled for its possession. Hence, prayed to release the said
articles on supratnama.
2. The I.O. and Ld. APP vide their say prayed that the application
be rejected.
3. The applicant had filed his Affidavit, photo copy of F.I.R. No.
26/2026 by Shivaji Nagar P.S., copies of bills for purchase of articles
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- 2 - Misc. Appln. No.96/M/2026
CNR No.MHMM13-000632-2026
Jagdish R. Dharanatti – Vs – State
and photo copy of his Aadhar Card.
4. From the perusal of above documents, it appears that at the time
of incident, the applicant was in possession of the seized articles lying
in the police station. Those articles shown to be of the applicant. No
one claimed the custody of these articles till today. Receipt of those
articles are also annexed by the applicant. Those articles are similar to
the articles shown in the FIR and seized from the possession of
applicant. Hence, it will be proper to return those articles to the
applicant in view of the decision of Hon’ble Supreme Court in the case
of Sunderbhai Desai. Thus, if the above mentioned articles is kept
lying in police station, the possibility of the damage to the seized
articles cannot be ruled out. The trial would not be concluded in near
future. Considering the nature of the seized property, its protection,
guarding and safe custody is not reasonably practicable. In the result,
following order is passed.
Order
1. The application Exh.1 is allowed.
2. The seized articles i.e. (i) Pioneer DJ Player in Red and Black
Colour Box, (ii) Silver and Black electric wire board, (iii) 2 DBX,
2 NXM distributor, (iv) Amplifire in silver and black colour box,
(v) QD Live Mixure, (vi) Laptop Dell Company Black Colour,
(vii) Ear Phone NX Company, (viii) 2 duel Speaker 18 inch,
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- 3 - Misc. Appln. No.96/M/2026
CNR No.MHMM13-000632-2026
Jagdish R. Dharanatti – Vs – State
(ix) 2 speaker 15 inch, (x) 16 wires, (xi) DJ Belt orange colour,
(xii) Black colour stand and (xiii) Laptop Bag Blue colour total
amounting to Rs.85,550/- be handed over to the applicant till
the conclusion of trial on the applicant's executing indemnity
bond of Rs.85,550/-upon stamp of Rs.500/- as per Article 35 of
Bombay Stamp Act, before the P.S.O. Police Station, Shivaji
Nagar.
3. The investigation officer in Crime No.26/2026 by Shivaji Nagar
P.S. is hereby directed that prior to giving interim custody of the
seized property in question to applicant, coloured photographs
of all articles including mobile phone from different angles
clearly indicating other particulars of the property, such
photographs shall be attested or counter signed by the applicant
to whom the custody is handed over and they shall be kept on
file, and expenses for the photographs shall be borne by
applicant herein.
4. The applicant shall undertake not to sale, transfer, mortgage or
dispose of the aforesaid article in any manner whatsoever and /
or shall not make any change in its body, colour and no damage
shall be caused to the seized article. The applicant to maintain
and preserve the property in all respects.
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- 4 - Misc. Appln. No.96/M/2026
CNR No.MHMM13-000632-2026
Jagdish R. Dharanatti – Vs – State
5. The applicant shall produce the seized property as and when
directed by the Court.
6. The I.O. in Crime No.26/2026 by Shivaji Nagar P.S. is hereby
directed to prepare proper and detail panchanama before
handing over possession of seized property describing its nature
in detail.
7. The investigation officer in Crime No.26/2026 of Shivaji Nagar
P.S. is hereby directed to file all the photographs of the property,
panchanama, suprutnama bond etc. in court along with charge-
sheet.
8. It is made clear that in case of any allegation regarding
involvement of the said property in any criminal activity, the
order as to interim release of the same shall stand vacated
automatically and the prosecution shall have due authority to
take necessary steps for seizure of the seized property.
( B. C. More)
Judicial Magistrate First Class,
Dt. 29/01/2026 57th Court, Kurla, Mumbai.
pk/-
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