Final Order 1

Order Details: Copy of Order - 1
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ORDER BELOW EXH.1 IN RETURN OF PROPERTY APPLICATION NO.
282/MISC/2026 IN C. R. NO. 75/2025
OF BYCULLA POLICE STATION
The applicant has filed application for return of property
ie. cash of Rs.2,40,000/-. The applicantstated that the applicant is
having saving account with Kotak Mahindra Bank. She further stated
that an amount of Rs.3,40,000/- was received in her account by an
unknown person vide Transaction IBDBR32025010600438516. The
applicant came to know that the said transaction was disputed one for
which FIR was lodged.
2) On 29.04.2025, when the applicant was called by Byculla
police station for inquiry, she had deposited the entire amount of
Rs.3,40,000/- with Byculla Police Station by preparing panchnama. She
further stated that the original complainant had preferred an
application for return of property i.e. cash of Rs.1,00,000/-. This Court
has allowed the said application and returned the cash amount of
Rs.1,00,000/- to the original complainant.
3) The applicant further stated that she was summoned by
Cyber Cell Crime Branch, Old Kotwali Building, Dayaganj, Delhi and
was informed that the amount of Rs.3,47,905/- was involved in the
crime which was registered by one Mr. Vikash Chawla and was asked to
refund the said amount. As theapplicant deposited the entire amount of
transaction with Byculla police station and cash of Rs.2,40,000/- is
lying with police station, she prayed to allow the application.
4) Say of Investigating Officer and Ld. APP was called.
Perused the say of Investigating Officer and Ld. APP. Investigating
A
yee
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Officer has no objection to return the said property. Ld. APP has prayed
to pass an appropriate order. I have called say of informant. He has no
objection to return the said amount to the applicant and has also ~
admitted that he has received amount of Rs.1,00,000/- by the order of
the Court.
5) The applicant has produced on record copy of F.LR.,
bank account statement, copy of AADHAR card and supporting
affidavit.
6) In the case of Sunderbhai Ambalal Desai Versus State of
Gujarat (AIR 2003 SC-628),the Honourable Apex Court has observed
that, Powers under section 451 of the Code of Criminal Procedure
should be exercised expeditiously and judiciously, the owner of the
article should not suffer because of it remaining unused or by its
misappropriation.	Thus, in view of the observation of the Honourable
ApexCourt it is clear that, property seized in the crime should not be
kept in condition which may affect its value and utility.
7) From the said documents, it is prima facie seen that the
applicant has deposited the amount of Rs.3,40,000/- with Byculla police
station out of which, Rs.1,00,000/- was returned to the informant and
Rs.2,40,000/- is lying with the Byculla police station. Nobodyexceptthe
applicant has come forward to claim the cash amount. Considering the
documents produced on record and facts and circumstances of the case,
I do not find any reason for retaining the above-mentioned cash amount
till final disposal of the case, as time will be required to dispose of the
case. Hence, it would be just and proper to hand over the interim
custody of cash amount of Rs.2,40,000/- to the applicant by imposing
a
ae
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certain conditions and obtaining Indemnity Bond from her. Hence, I
pass following order:-
.
ORDER
1. The application is allowed.
2. The interim custody of cash of Rs.2,40,000/- seized by the
Police Authority of Byculla Police Station, Mumbai in C.R.
No. 75/2025 be handed over to the applicant on executing
Indemnity Bond of Rs.2,40,000/- (Rupees Two Laks Forty
Thousand only) on a Non-Judicial Stamp Paper of value of
Rs.500/-, before the Judicial Clerk of the Court with
condition to produce the same as and when required by
the Court during the trial.
3. Issue letter to Police Inspector of Byculla Police Station,
Mumbai.
4. The Investigating officer shall draw panchanama, obtain
photographs of cash amount and shall keep this order and
said documents in relation to this order ie. Bond and
Panchnama in the C.R. No.75/2025 and produce the same
along with the charge-sheet. 0
of:
Date:- 02/04/2026 ( Aarti‘Kulkarni )
Judicial Magistrate First Class
25" Court, Mazgaon, Mumbai.
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