Order 1

Order Details: Order Below EX 1
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IN THE COURT OF ADDITIONAL CHIEF JUDICIAL MAGISTRATE,
09th COURT, BANDRA, MUMBAI.
C.C. No. 967/N//2025
C.R. No. 689/2025
Mahim Police Station
ORDER BELOW APPLICATION FOR RETURN OF PROPERTY
1] This is an application filed by the applicant Madanlal
Phutarmal Gandhi for return of property i.e. 18 Carat Gold Chain of
23.920 which was seized in C.R.No. 689/2025 registered under section
318(4) of BNS, 2023 by Mahim Police Station. On the application, say of
I.O. and Ld. APP is called. I.O. submitted his no objection for return of
the property recovered during investigation to the applicant on terms and
condition. Ld. A.P.P. submitted that the property belongs to the informant
i.e. applicant, hence, it may be return to the applicant on terms and
conditions.
3] 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 the aforesaid property was stolen from his
custody. Perusal of F.I.R. no. 689/2025 shows that the applicant is victim
of the offence.
4] 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 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 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:
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O R D E R
1. The application is allowed.
2. The seized property i.e. 18 Carat Gold Chain of 23.920 which
was seized in C.R.No. 689/2025 registered under section 318(4) of BNS,
2023 by Mahim Police Station, be returned to the Applicant Madanlal
Phutarmal Gandhi on executing indemnity bond of Rs.2,00,000/- (Rupees
Two Lakh 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.
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 :- 14/01/2026 9th Court, Bandra, Mumbai.
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