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.MHMM18-005050-2025 Notice No. 241/N/2025
M/s. H. K. Jewels Pvt. Ltd. V/s.
B.K.C. P. Stn.
ORDER
1. The present application is filed for return of seized
muddemal i.e. gold ornaments, seized by the B.K.C. police station in
connection with C. R. No.180/2025, registered U/Sec. 306 of The
Bharatiya Nyaya Sanhita, 2023.
2. Investigating Officer did not objected to release the
muddemal. 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
Board resolution of M/s. H. K. Jewels Pvt. Ltd. authorizing Mr. Sanjay
Korgaonkar, F.I.R. Application is well supported by affidavit of applicant.
In such circumstances, no good purpose would serve keeping the said
muddemal further in custody. 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. gold ornaments,
seized by the B.K.C. police station in connection with
C. R. No.180/2025, registered U/Sec. 306 of The
Bharatiya Nyaya Sanhita, 2023 be handed over to the
applicant on execution of indemnity bond of
R.16,00,000/-.
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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 carried out it’s panchnama and
produce the same with indemnity bond of applicant
in the final report.
Mumbai.
Date : 15/05/2025.
SRD.
Sd/-
(A. B. Jadhav)
Judicial Magistrate, (First Class),
71st Court, Bandra, Mumbai.
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