Final Order 1

Order Details: Order Below EX 1
Pdf Text: IN THE COURT OF JUDICIAL MAGISTRATE, (FIRST CLASS),
71ST COURT, BANDRA, MUMBAI.
CNR No.MHMM18-003840-2025
(MHMM18-000870-2014)
Notice No. 183/N/2025
Zulfikar V/s. Santacruz P. Stn.
(C.C. No.139/PW/2014)
ORDER
1. The present application is filed for return of seized
muddemal i.e. cash amount of I.3,32,375/-, 2 gold ornaments, 1 black
colored wallet having some personal papers and original bills and 2
Rayban glasses, seized by the Santacruz police station in connection
with C. R. No.130/2025, registered U/Sec. 387, 506 (ii) r/w.s. 34 of
I.P.C.
2. Ld. A.P.P. strongly objected to release the muddemal, as it is
part and parcel of evidence and also requires for trial.
3. Admittedly, seized muddemal belongs to the applicant.
Applicant in support of his contention has produced xerox copies of his
Aadhar card, F.I.R. & Panchanama. Application is well supported by
affidavit of applicant. Since chargesheet has been filed custody of the
muddemal is not required for further investigation. In such
circumstances, no good purpose would serve keeping the said
muddemal further in custody. The articles have not been claimed by
other than present accused/applicant. For the apprehension of Ld. A.P.P.
condition can be imposed. Applicant is entitled to receive the seized
muddemal. In the result, following order is passed :-
ORDER
1 The custody of seized muddemal i.e. ccash amount of
I.3,32,375/-, 2 gold ornaments, 1 black colored
wallet having some personal papers and original bills
and 2 Rayban glasses, seized by the Santacruz police
-- 1 of 2 --
.. 2 ..
station in connection with C. R. No.130/2025,
registered U/Sec. 387, 506 (ii) r/w.s. 34 of I.P.C. be
handed over to the applicant on execution of
indemnity bond of R.6,00,000/-.
2 The applicant is directed not to sell, transfer, alter,
dispose or hand over the seized muddemal 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 muddemal, at the cost of
the applicant and produce the same with indemnity
bond of applicant in the final report.
4. If at the conclusion of trial it concluded that, the
applicant is not entitled to have custody of seized
amount and articles then he shall deposit the same in
the court.
Mumbai.
Date : 13/05/2025.
SRD.
Sd/-
(A. B. Jadhav)
Judicial Magistrate, (First Class),
71st Court, Bandra, Mumbai.
-- 2 of 2 --