Final Order 1

Order Details: Copy of Order - 1
Pdf Text: ORDER BELOW EXH.1 IN RETURN OF PROPERTY APPLICATION NO.
644/MISC/2026
(Cyber crime portal complaint No.31902260027309 and
31902260027704)
This application is filed for interim custody of amount of
Rs.3,03,040/-.
2. Perused the application and say of Investigating Officer
and Ld. APP. The respondent banks have not filed their say. The I.O. in
his say submitted that, out of the total amount, amount of
Rs.2,91,670/- is lien marked with the banks as mentioned in say. He
has no objection to return the said amount to the applicant on
appropriate conditions. Ld. APP has submitted to pass the order as
deemed fit by the Court.
3. The applicant has produced on record the copy of Cyber
complaint, copy of bank transaction, copy of Aadhar Card and
supporting affidavit.
4. In the case of S
underbhai 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
Apex Court it is clear that, property seized in the crime should not be
kept in condition which may affect its value and utility.
5. The applicant has been cheated by online fraud and
therefore, she filed complaint on Cyber Crime Portal. During
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investigation of the said crime, it reveals that, the amount of
Rs.2,91,670/- is lien marked on freezing different accounts maintained
by the banks as submitted by Investigating Officer in his say. The police
has freezed said accounts.
6. No other person than the applicant has claimed that
amount till today. There is sufficient material available on record to
show that said amount is the proceeds of the alleged crime. Hence, it
would be just and proper to hand over the interim custody of amount of
Rs.2,91,670/- to the applicant by imposing certain conditions and
obtaining Indemnity Bond from applicant. Hence, I pass following
order:-
ORDER
1. The application is allowed.
2. The interim custody of amount of Rs.1,20,000/- from a/c
No.506310110003447 maintained with Bank of India,
Rs.40,000/- from a/c no.44711351658 maintained with State
Bank of India, Rs.2,070/- from a/c no.50100847442086
maintained with HDFC Bank, Rs.9,600/- from a/c no.
0161104000084437 maintained with IDBI Bank, Rs.1,20,000/-
from a/c no.60553337211 maintained with Bank of
Maharashtra, i.e. total amount of Rs.2,91,670/- freezed by the
Police Authority of Byculla Police Station, Mumbai in online
cyber complaint no.31902260027309 and 31902260027704 be
handed over to the applicant on executing Indemnity Bond of
Rs.2,95,000/- (Rupees Two Lakhs Nienty Five Thousand only)
on a Non-Judicial Stamp Paper of value of Rs.500/-, before the
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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
and Branch Managers of Bank of India, State Bank of India,
HDFC Bank, IDBI Bank and Bank of Maharashtra accordingly.
Date:- 18/08/2026 (Aarti Kulkarni)
Judicial Magistrate First Class,
25th Court, Mazgaon, Mumbai.
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