Final Order 1

Order Details: Copy of Order
Pdf Text: IN THE COURT OF THE ADDL. CHIEF JUDICIAL MAGISTRATE,
24TH COURT, BORIVALI, MUMBAI
ORDER BELOW EXH.1 IN C.C. NO.1163/N/2025
IN C.R.NO. 226/2019
The application for return of property has been filed by applicant Smt.Namita
Narendra Ayeer, who is informant in FIR No.226/2019 dated 23/07/2019 registered
at Charkop Police Station. In FIR, theft of golden ornaments is given. FIR is
promptly filed. So after recovery of part of theft article, the applicant made
application for interim custody of the property. The applicant has produced on record
bill of the said ornament.
Heard Ld. Advocate for the applicant, Ld. APP for prosecution. Perused
application, say of Ld. APP and IO. Copy of FIR and documents therewith are filed on
record. The record clearly shows that golden ornaments enlisted in FIR are seized by
the police during investigation. The IO has no objection to return the property. Ld APP
objects on the ground that the property will require for trial as evidence. By imposing
usual conditions, there being no dispute about identification of the property claimed,
the said property can be returned to the applicant by way of interim custody until final
disposal of the case, on certain conditions, as under :
ORDER
1. Seized property i.e. 25 grams gold Mangalsutra seized by Charkop
police in Crime No.226/2019 be returned / handed over to the applicant
Smt.Namita Narendra Ayeer on her executing
supratnama of Rs.50,000/-(Fifty
thousand only) with condition that applicant shall produce the same as and when
required by the court during the trial and shall not change, sell, transfer the
property until disposal of the case.
2. Police station officer-in-charge/investigating officer shall, before
handing over possession of the above articles, prepare detail panchanama
with proper description of the articles and also take photographs of the articles
3. Inform police authority accordingly.
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4. Copy of the order be kept alongwith the charge-sheet arising out
of the same.
sd/-
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(B.N.Chikne)
Date: 16/01/2026 Addl. Chief Judicial Magistrate,
24th Court, Borivali, Mumbai.
ASD.
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