Final Order 1

Order Details: Order Below EX 1
Pdf Text: IN THE COURT OF JUDICIAL MAGISTRATE (FIRST CLASS),
32ND COURT, BANDRA, MUMBAI.
Notice No. 46/N/2025
C.R. No. 8/2025.
Kherwadi Police Station.
CNR No.MHMM18-000756-2025
Noorjahan Firoz Khan … Applicant
V/s.
Sr. Inspector of Police,
(Kherwadi Police Station) ...Respondent.
ORDER PASSED BELOW EXH.1
This is application is filed by the applicant namely Noorjahan
Firoz Khan for release of one Golden Mangalsutra weight 25 grams, two
golden bangles weight 29 grams, one Vivo mobile phone IMEI
No.866202075262316, total worth Rs.2,70,000/- which is seized by the
Kherwadi Police Station in connection with Crime No. 8/2025 registered with
the Kherwadi police station for the offence punishable under section 309(4) of
B.N.S.
2) Say of I.O. and Ld. APP was called. I.O. has given his no objection.
Ld. APP prayed for appropriate order with terms and condition.
3) In support of her contention regarding ownership, applicant has
filed on record verified copy of Aadhar card, purchase invoices, copy of FIR,
statement alongwith her affidavit.
4) Read the application, say and record of the case. The description
mentioned in the FIR is matching with the description mentioned in the FIR. At
this point no one else has shown better possessory title of the articles of this
muddemal. The possession at this point is only temporary and not permanent.
There is no point in keeping the valuables in custody of the police.
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5) In the matter of
Sunderbhai Ambalal Desai V/s. State of Gujrath,
AIR 2003, SC 638 the Hon'ble Supreme Court has laid down certain guidelines
as to the property which is seized by the police during the investigation, which
is to be disposed of as early as possible. As per this ratio, said muddemal is
liable to be returned to the applicant at this stage on temporary basis. The
applicant shall preserve the muddemal as it is and shall produce the same
before the court, as and when required. Under such circumstances, pass
following order :-
-:	-: O R D E R	O R D E R :-	:-
1] Application is allowed.
2] The seized muddemal property i.e. one Golden Mangalsutra
weight 25 grams, two golden bangles weight 29 grams, one Vivo
mobile phone IMEI No.866202075262316 total worth
Rs.2,70,000/-, be handed over to applicant on temporary basis,
on executing indemnity bond of Rs. 5,00,000/- (In words rupees
Five Lakhs only), in the police station.
3] The applicant should undertake that he shall not transfer, pledge
or any other way alienate the said muddemal till the final disposal
of the Crime No. 8/2025 of Kherwadi Police Station and
criminal case incidental there of.
4] The applicant is also directed to produce the said muddemal
property as and when ordered to do so.
5] The I.O. is directed to draw the proper panchanama and take out
two photographs of the muddemal property in order to establish
the identity for identification and evidence.
6] The applicant is also directed to produce his address proof.
7] The applicant shall produce the said muddemal as and when
required by the court.
Date : 03.07.2025
ssl.
(S.S. Parkhi)
Judicial Magistrate (First Class),
32nd Court, Bandra, Mumbai.
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