Final Order 1

Order Details: Order Below EX 1
Pdf Text: IN THE COURT OF JUDICIAL MAGISTRATE (FIRST CLASS),
12TH COURT, BANDRA, MUMBAI
Notice No.194/N/2025 (C. R. No.120/2025)
(CNR No. MHMM18-004012-2025)
Order Below Exh.1
1. Applicant/accused have filed this application to deliver the
mobile phones, watch, Airpods to them on any conditions. Perused
application and say of I.O. and Ld. A.P.P. Heard both side. The I.O. and
Ld. A.P.P. have objection to handover the seized articles to the applicants
on conditions.
2. According to IO, there are contact numbers of Bangladeshi
relatives of accused in the said mobile. In case said mobiles are given to
them they will delete said contacts and thereby destroy the evidence.
Considering the nature of offence I found the substance in the
submissions of IO. Therefore, the mobile phones can not be returned to
the accused. The watch and Airpods are not required to be held up as
they are not connected with the evidence. Hence, they can be returned
to the accused. Accordingly, I proceed to pass the following order -
Order
1. The seized watch and Airpods be delivered to applicants on
executing supurtnama (indemnity bond) of Rs.20,000/-
(Rupees Twenty Thousand only) before the I.O. on the following
conditions namely:
a) Applicants shall not alienate, transfer, gift, sale, modify the
watch and Airpods or shall not create third party interest
on the watch and Airpods in any manner.
b) They shall produce the said watch and Airpods before the
Court as and when required.
2. Investigating officer is directed to take appropriate colour
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photographs of the watch and Airpods and to prepare
panchanama of the watch and Airpods before handing over it in
favour of the applicants and further directed to produce the
panchnama, photographs and supurtnama before the Court
alongwith charge-sheet.
3. Present proceeding be merged in the main proceeding.
(Girish S. Mane)
Mumbai Judicial Magistrate (First Class)
Date : 31.10.2025 12th Court, Bandra, Mumbai
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