Bombay High Court

PRAKASH AMRUTLAL THAKKARversusTHE STATE OF MAHARASHTRA

Decided: 12 February 2026
Disposal: Disposed Off
Bench: N JAMADAR

Holding

The Court held that the magistrate may entertain the application for return of the seized property and must decide it expeditiously, within three months of the order.

Summary

The applicant, who was the first informant in FIR No. 191/1995, sought the return of property seized during the investigation. An earlier order by the Metropolitan Magistrate allowing the return was set aside by this Court, and the property was kept in custody. After the criminal case (Cr. No. 3628/PW/2005) was abated due to the accused's death, no order was made regarding the seized property. The applicant filed an application requesting the magistrate to permit filing of a return‑of‑property application and to decide it within three months. The High Court permitted the filing and directed the magistrate to hear and decide the matter expeditiously, and the application was disposed.

Issues considered

Whether a magistrate can entertain an application for return of seized property after the criminal case has been abated.
Whether the magistrate is obligated to pass an order on the disposition of the property within a specified time frame.
Whether the property remains custodia legis pending a final order on its return.

Subjects

return of seized property
custodia legis
criminal case abated
magistrate jurisdiction
procedural law
property disposal

Judgment

                                                         7 APL 1556-25.DOC

          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                CRIMINAL APPELLATE JURISDICTION

              CRIMINAL APPLICATION NO. 1556 OF 2025


Prakash Amrutlal Thakkar                                     ..Applicant
     Versus
The State of Maharashtra                                  …Respondent

Mr. Prasad Borkar i/by Mr. Manuj Borkar, for the Applicant.
Mr. A R Metkari, APP for the Respondent-State.

                              CORAM:         N. J. JAMADAR, J.
                              DATE :         12th FEBRUARY 2026


P.C.:

1.        Heard the learned Counsel for the Applicant.

2.        By this application, the applicant is seeking the following

relief:

               “a.   allow the present application and order the
               Ld. Judicial Magistrate first Class 13th Court at
               Dadar, Mumbai to permit the Applicant to file
               necessary application for return of property in C.
               No. 3628/PW/2005 (Original Case No-157/P/1996)
               arising out of FIR/Crime No- 191 of 1995 registered
               with N M Joshi Marg Police Station and to complete
               the hearing of the application for Return of
               Property and further to decide the application in a
               time bound frame of three months from the date of
               order passed in the above Application;”




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                                                  7 APL 1556-25.DOC

3.   The applicant is the first informant in CR No. 191/1995,

registered with N. M. Joshi Marg Police Station, Mumbai.

Criminal Case No. 3628/PW/2005, arising out of the said CR

No. 191/1995, came to be disposed as abated in view of the

death of the accused on 16th October, 2024.

4.   During the course of investigation in the said crime, the

Investigating   Officer   has   recovered   certain   property.   The

applicant had filed an application for return of the property. By

an order dated 31st July, 1996, the learned Metropolitan

Magistrate, Dadar, had allowed the said application and directed

the return of the said property to the applicant/complainant.

5.   Being aggrieved, the accused and his wife had preferred a

petition before this Court. By an order dated 26 th February,

1997, this Court allowed the said petition and the order passed

by the Magistrate directing the return of the property to the

applicant, came to be set aside. The gold ornaments were

ordered to be kept in the custody of learned Magistrate and the

cash amount was ordered to be invested with a Nationalized

Bank and the other documents were directed to be preserved in

the custody of the Court.

6.   The petitioner is aggrieved by the order dated 17 th January,

2025,     whereby   while   disposing    the   Criminal   Case    No.


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                                                 7 APL 1556-25.DOC

3628/PW/2005 as abated, the learned Magistrate has not

passed any order in regard to the disposal of the property.

7.    Since by the orders of this Court, the property seized

during the course of investigation is retained custodia legis, it

would be in the fitness of things that, the learned Magistrate

passes an appropriate order in regard to the return of the

property upon the disposal of the said criminal case as awaited.

8.    The applicant is thus permitted to file an application in

disposed of CC No. 3628/PW/2005, arising out of CR No.

191/1995, registered with N. M. Joshi Marg Police Station, for

return of the property.

9.    In the event, such an application is filed, the learned

Magistrate is requested to hear and decide the same in

accordance with law as expeditiously as possible.

10.   The application stands disposed.



                                         [N. J. JAMADAR, J.]




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