Final Order 1

Order Details: Copy of Order - 1
Pdf Text: C.C.No.6900530/Misc/2022
C.R.No.30/2022
Order below Exh. 01:
1. Perused the application and documents filed along with it. The
application is supported by the affidavit of the applicant.
2. The investigating officer has filed no objection to release the
seized property i.e cash amount of Rs.4,73,000/, in favour of
the applicant on terms and conditions. After given sufficient
opportunities Ld. APP has failed to file his say. Notices were issued
to accused but they were also failed to file theri say.
3. The applicant had filed the following documents.
1. Xerox copy of FIR.
2. Verified copy of Aadhar Card.
4. On perusal of F.I.R it reveals that amount of Rs.5,00,000/ was
stolen from the house of the applicant. Out of which amount of
Rs.4,73,000/ was recovered at the instance of accused. Hence
considering the over all record, I am of view that the applicant is
entitled for the interim possession of Cash amount of
Rs.4,73,000/. No purpose would be serve in keeping the seized
property i.e cash amount of Rs.4,73,000/ lying in the police
station. The possibility of the damage to the property can not be
ruled out if kept lying in the police station. The trial would not
be concluded in near future.
5. As the applicant has shown his ownership on cash amount of Rs.
4,73,000/, he is entitled for the possession of the same. As per
ratio laid down in Sunderbhai Ambalal Desai's case, I am of the
opinion that applicant deserves for the interim custody of the
cash. Accordingly I proceed to pass following order.
O R D E R
1) Application is allowed.
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2) Cash of Rs.4,73,,000/ seized by Nagpada police station in
C.R.No.30/2022 be given to the applicant on executing
indemnity bond of Rs.4,73,000/ before the concerned police
station with undertaking therein that he shall produce that much
amount in the Court as and when called, and obey further orders
of the Court.
3) Investigating officer to prepare the detail panchanama while
handing over the said amount to the applicant and file
panchanama in the related criminal case.
4) Before handing over the said muddemal to present applicant,
the investigating officer shall also take photographs of the seized
cash and produce the photographs in the charge sheet/related
criminal case.
5) The present proceedings and panchanama shall form part of
the chargesheet/criminal case, if any.
6) After compliance of this order by the applicant, copy of the
order and indemnity bond be kept alongwith this proceeding and
this order and original bond be kept with remand papers or
chargesheet.
Issue writ to the concerned Investigating Officer.
Mazgaon, Mumbai.
Date : 16/03/2022. (Mrs. Shital S. Bangad)
Metropolitan Magistrate,
69th Court Mazgaon, Mumbai
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