Final Order 1

Order Details: Order Below EX 1
Pdf Text: CNR No.MHMM18-0014232-2024 C. C. No. 701/N/2024
Nikunj V/s. B.K.C. P. Stn.
ORDER
1. The present application is filed for return of seized
muddemal i.e. Diamond (131.29 carat), seized by the B.K.C. police
station in connection with C. R. No.426/2024, registered U/Sec. 409,
420 of I.P.C.
2. I.O. has no objected to return the seized muddemal to the
applicant. 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. Application is well supported by affidavit of
applicant. 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. 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. Diamond
( 131.29 carat), seized by the B.K.C. police station in
connection with C. R. No.426/2024, registered
U/Sec. 409, 420 of I.P.C. be handed over to the
applicant on execution of indemnity bond of
R.50,00,000/-.
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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 produce the same with indemnity
bond of applicant along with final report.
Mumbai.
Date : 08/04/2025.
SRD.
Sd/-
(A.B.Jadhav)
Judicial Magistrate, (First Class),
71st Court, Bandra, Mumbai.
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