Final Order 1

Order Details: Order Below EX 1
Pdf Text: IN THE COURT OF ADDITIONAL CHIEF JUDICIAL MAGISTRATE,
COURT NO.9, BANDRA, MUMBAI.
C.C. No. 619/N/2025
C.R. No. 436/2024
Mahim Police Station
ORDER BELOW APPLICATION FOR RETURN OF PROPERTY
This is an application filed by the applicant Mr. Ratnakar
Harishchandra Patil for return of property namely :
1. Gold rind 5 gm
2. 2 Gold Patti 4 Gm
3. 2 Gold Earring 8 gm
4. 1 Gold Mangalsutra 40 gm
5. 1 Gold Mangalsutra 14 gm
6. 1 Gold Earring 2 gm
The same were seized in C.R.No.436/2024 by Mahim Police
Station. On the application, say of I.O. and Ld. APP is called. I.O. and
Ld. APP submitted their no objection for return of property recovered
during investigation to the applicant on terms and condition. Say of
accused was called. But as per police report, accused is not traceable.
Say of Mangalam Jwellers from whose custody ornaments are seized,
was called. They have no obejction to hand over the custody to the
applicant.
2] In support of application the applicant has filed on record
his own affidavit stating therein that he is the owner of the said
property. The F.I.R. on record shows that aforesaid property belongs to
the applicant and was taken from his custody. At this stage except the
applicant there is no other claimant who has claimed the custody of
seized property. The seized property may get damaged, if remained
with police station for long period. No purpose is likely to be served by
keeping the said property at police station till disposal of the case. If
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seized property is handed over to the applicant no serious prejudice or
harm would be caused to the accused and prosecution. Therefore, the
applicant is entitled for the interim custody of the property recovered by
the I.O. Hence, application deserves to be allowed on certain terms
and conditions. Therefore, I pass the following order:
O R D E R
1. The application is allowed.
2. The seized property as per the say of the I.O. namely – 1) Gold
rind 5 gm, 2 Gold Patti 4 Gm, 3) 2 Gold Earring 8 gm, 4) 1 Gold
Mangalsutra 40 gm] 5) 1 Gold Mangalsutra 14 gm and 6) 1 Gold
Earring 2 gm seized in C.R.No.436/2024 registered by Mahim Police
Station, be returned to the Applicant Mr. Ratnakar Harishchandra Patil
on executing indemnity bond of Rs.6,00,000/- (Rupees Six Lakhs only)
with condition that -
a) The applicant shall not sell, transfer, alienate, dispose of or
handover the aforesaid property to third person before the
conclusion of trial.
b) The applicant shall not change the nature of the said gold
articles in any mode or manner.
c) The applicant shall produce the aforesaid property as and
when directed by the Court in the trial.
d) The applicant shall follow the conditions imposed on him
scrupulously.
e) The Investigating Officer shall prepare proper panchanama
and take coloured photographs of the property into
panchanama before handing over the same to the
applicant.
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3. The Investigating Officer is directed to take the above indemnity
bond of the applicant and shall return the muddemal on due
verification of applicant. Investigating Officer is further directed to file
photographs and indemnity bond in the Court. On filing of indemnity
bond, it be attached with the charge-sheet.
(V. U. Misal)
Addl. Chief Judicial Magistrate,
Date :- 12/01/2026 9th Court, Bandra, Mumbai.
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