Final Order 1

Order Details: Order Below EX 1
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IN THE COURT OF ADDITIONAL CHIEF JUDICIAL MAGISTRATE,
09th COURT, BANDRA, MUMBAI.
C.C. No. 96/N//2026
C.R. No. 746/2025
Mahim Police Station
ORDER BELOW APPLICATION FOR RETURN OF PROPERTY
1] This is an application filed by the applicant Ansar Ahmed s/o
Abdul Gani Farooqi for return of property i.e. Gold lagad of 80 gm and
gold bangle of 10.120 gm which was seized in C.R.No. 746/2025
registered under section 316(2) and 318(4) of BNS, 2023 by Mahim Police
Station.
2] On the application, say of I.O. and Ld. APP is called. I.O.
submitted his no objection for return of the property recovered during
investigation to the applicant on terms and condition. Ld. A.P.P. submitted
that the property belongs to the informant i.e. applicant, hence,
appropriate order may be passed.
3] Say of Jewellers and accused is called. Both the jewellers i.e.
Ramesh Madanlal Jain and Paresh Sohanlal Jain have submitted their no
objection for return of the property to the applicant. The accused has also
filed his no objection to the application.
4] In support of application the applicant has filed on record his
affidavit stating therein that he is the owner of the said property. The
F.I.R. on record shows that the aforesaid property was stolen from his
custody. Perusal of F.I.R. no. 746/2025 shows that the applicant is victim
of the offence.
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5] At this stage except the applicant there is no other claimant
who has claimed the custody of seized property. The seized property may
get damaged, if remained with police station for long period. No purpose
is likely to be served by keeping the said property at police station till
disposal of the case. If seized property is handed over to the applicant no
serious prejudice or harm would be caused to the accused and
prosecution. Therefore, the applicant is entitled for the custody of the
property recovered by the I.O. Hence, application deserves to be allowed
on certain terms and conditions. Therefore, I pass the following order:
O R D E R
1. The application is allowed.
2. The seized property i.e. Gold lagad of 80 gm and gold bangle
of 10.120 gm which was seized in C.R.No. 746/2025, be returned to the
Applicant Ansar Ahmed s/o Abdul Gani Farooqi on executing indemnity
bond of Rs.9,00,000/- (Rupees Nine Lakhs only) with condition that -
a) The applicant shall not sell, transfer, alienate, dispose of or
handover the aforesaid property to third person before the
conclusion of trial.
b) The applicant shall not change the nature of the said gold
articles in any mode or manner.
c) The applicant shall produce the aforesaid property as and
when directed by the Court in the trial.
d) The Investigating Officer shall prepare proper panchanama
and take coloured photographs of the property into
panchanama before handing over the same to the applicant.
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3. The Investigating Officer is directed to take the above
indemnity bond of the applicant and shall return the muddemal on due
verification of applicant. Investigating Officer is further directed to file
photographs and indemnity bond in the Court. On filing of indemnity
bond, it be attached with the charge-sheet.
(V. U. Misal)
Addl. Chief Judicial Magistrate,
Date :- 30/03/2026 9th Court, Bandra, Mumbai.
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