Final Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No. 422 N 2024 Heena Vs State
CNR-MHMM18-008853-2024
ORDER BELOW EXH.-1
1. Perused record. Heard Ld. Adv. for the applicant and Ld. A.P.P.
2. The present application is filed under Section 497 of B.N.S.S. for
return of property seized by police/respondent Bandra P.S., Mumbai,
during investigation of C.R.No.379 of 2023. It is the case of the applicant
that during investigation of the said matter, the concerned Investigating
Officer has seized several articles constituting stridhan. She is in need of
those articles, so also those are damaging hence, they shall be returned to
her. It is also prayed by the applicant that the articles mentioned in the
separate list filed with this application, is also stridhan. The concerned
Investigating Officer of respondent police station shall be directed to
seize those articles from accused persons and those shall also be handed
over to her.
3. Say of the respondent police station was called. The respondent has
no objection to hand over the articles seized by it. About the articles
mentioned in the list no reply filed by the respondent. However, specific
query was raised with Ld. A.P.P. and Ld. Adv. for the applicant, how
such direction can be given. In reply Ld. A.P.P. submitted that such
direction can not be given. However, Ld. Adv. for the applicant submitted
that it is stridhan and order can be passed. Certain other submissions were
also made by applicant in person and her advocate stating that articles
mentioned in the separate list are owned by her.
4. So far as articles seized are concerned order can be passed.
However, the second part of the prayer can not be allowed as
investigation is the domain of police and this court’s jurisdiction is very
restricted. If the articles seized remained with respondent they may
damage. The investigation relating to those articles also seems over. If
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C. C. No. 422 N 2024 Heena Vs State
CNR-MHMM18-008853-2024
any need is felt in future certain conditions can be imposed. Therefore,
following order -
ORDER
a. The application is partly allowed.
b. The respondent/P.S.O., Bandra Police Station, is directed to
handover the custody of articles seized by it in connection with
C.R.No.379 of 2023, which are mentioned in it’s say filed today, to the
applicant on her executing indemnity bond of Rs.1,00,000/-.
c. The other prayer pertaining to seizure of other articles is rejected.
MUMBAI (KOMALSING RAJPUT)
DATE – 17.08.2024 J.M.F.C., 12TH COURT, BANDRA, MUMBAI
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