Final Order 1

Order Details: Order Below EX 1
Pdf Text: CNR NO. MHMM18-000209-2026 C. C. No. 38/N/2026
Usha Suresh Shah V/s. P. Stn. -
Santacruz.
ORDER
1. The present application for return of seized property i.e.
12 silver bricks of 3000 grams, 14 silver bricks of 1350 grams seized by
the santacruz police station in connection with C. R. No.1173/2025,
registered U/Sec. 306 of The Bharatiya Nyaya Sanhita, 2023.
2. I.O. did not objected to return the said property to the
applicant. Ld. A.P.P. objected to release the property, as it required for
trial.
3. Admittedly, seized property belongs to the applicant.
Applicant in support of her contention has produced xerox Copy of F.I.R.
Application is well supported by affidavit of applicant. Custody of the
property is not required for further investigation. In such circumstances,
no good purpose would serve keeping the said property further in
custody. For the apprehension of Ld. A.P.P. condition can be imposed.
Applicant is entitled to receive the seized property. In the result,
following order is passed :-
ORDER
1 The custody of seized property i.e.12 silver bricks of
3000 grams, 14 silver bricks of 1350 grams seized by
the santacruz police station in connection with C. R.
No.1173/2025, registered U/Sec. 306 of The Bharatiya
Nyaya Sanhita, 2023 be handed over to the applicant on
execution of indemnity bond of I.06,50,000/-.
-- 1 of 2 --
.. 2 ..
2 The applicant is directed not to sell, transfer, alter,
dispose or hand over the seized property to third person
without prior permission of Court and shall produce the
same before the Court, whenever required for trial.
3 The Investigating Officer is directed to take the
photographs of the seized property from all sides, at the
cost of the applicant and produce the same with
indemnity bond of applicant along with final report.
4 The applicant shall submit her undertaking that, in case
court concluded at the end of trial that, the said
muddemal is not entitled to receive by her then she will
have to deposit the said muddemal in the court.
Mumbai.
Date :25/02/2026.
Sd/-
(A. B. Jadhav)
Judicial Magistrate, (First Class),
71st Court, Bandra, Mumbai.
Date :25/02/2026.
Dictated on :- 25/02/2026.
Transcribed on :- 25/02/2026.
Checked on :- 25/02/2026.
Signed on :- 25/02/2026.
-- 2 of 2 --