Final Order 1

Order Details: Order Below EX 1
Pdf Text: IN THE COURT OF JUDICIAL MAGISTRATE (FIRST CLASS),
12TH COURT, BANDRA, MUMBAI
Notice No.1014/N/2025 CNR No. MHMM18-018323-2025
C. R. No.2020/2025 BANDRA POLICE STATION
Order Below Exh.1
1. Applicant/accused has filed this application to deliver the 5
huka pipe along with silver pile paper worth Rs.10,000/-, one iron sigdi
worth Rs.5,000/-, gas cylinder worth Rs.5,000/-, steel lighter worth
Rs.500/-, 50 filters worth Rs.500/-, the bag of coal worth Rs.1,200/-, 5
steel tongs worth Rs.1,000/-, 6 wooden table worth Rs.30,000/-, 11
green wooden chair worth Rs.33,000/-, 6 green wooden sofa (4 feet)
worth Rs.30,000/-, 1 LG company LED TV worth Rs.70,000/-, Realme
company Tab 2/PAD/Mobile worth Rs.30,000/-, cash worth Rs.1,500/-,
LG company cream color double door fridge worth Rs.50,000/-, Voltas
company Gray color fridge worth Rs.30,000/-, Red Bull company small
fridge worth Rs.10,000/-, AVM Black color Big 5 feet fan worth
Rs.10,000/-, 2 Blue Star company 1.5 ton air conditioner worth
Rs.1,20,000/- to him on any conditions. Perused application and say of
I.O. and Ld. A.P.P. Heard both side. Except hukka pot and hukka flavour
tobacco, the I.O. have no objection to handover rest articles to the
applicant on conditions. Ld. A.P.P. has objection to handover the seized
articles to the applicant.
2. Considering the nature of offence I found the substance in the
submissions of IO. There would be no use of keeping the rest articles
with the police station. Considering the nature of offence the hukka pot
and hukka flavour tobacco can not be returned to the accused. Rest
articles are not required to be held up as they are not connected with
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the evidence. Hence, they can be returned to the accused. Accordingly, I
proceed to pass the following order -
Order
1. Except Hukka pot and hukka flavour tobacco, rest seized
articles be delivered to applicant on executing supurtnama
(indemnity bond) of Rs.4,30,000/- (Rupees Four Lakhs and
Thirty Thousand only) before the I.O. on the following
conditions namely:
a) Applicants shall not alienate, transfer, gift, sale, modify the
articles or shall not create third party interest on the
articles in any manner.
b) They shall produce the said articles before the Court as and
when required.
2. Investigating officer is directed to take appropriate colour
photographs of the articles and to prepare panchanama of the
articles before handing over it in favour of the applicant and
further directed to produce the panchnama, photographs and
supurtnama before the Court alongwith charge-sheet.
3. Present proceeding be merged in the main proceeding.
(Girish S. Mane)
Mumbai Judicial Magistrate (First Class)
Date : 01.04.2026 12th Court, Bandra, Mumbai
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