Full Order Text
Final Order 1 · 14 Jun 2022 · CNR MHMM120051442022
Order Details: Copy of Order - 1 Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE, 69TH COURT, MAZGAON, MUMBAI C.C.No.6901035/MISC/2022 CR.No.437/2019 Mohd. Mohasinbhai Abdulla Vahora Vs. Police Station Nagpada ORDER PASSED BELOW EXH.1: 1. Perused the application and say of Ld.APP. 2. The Ld. APP has objected the application to hand over interim custody of seized passports to the Applicant. Ld. APP submitted that the present application is vague in nature. The copy of F.I.R. in which the said documents are seized is not filed along with this application. Further the present application have not any rights or locus standi to have custody of passport of his wife. Also the seized passports are material evidence for proving the guilt of the accused and is necessary for identification hence. Hence, application be rejected. After giving suffering opportunities the investigation officer has failed to file his say. 3. On the basis of report given by informant, Cr.No.437/2019 was registered at Police Station. The wife of the applicant has given no objection for return of passport to the applicant. Chargesheet has been filed in the present case. Till today no one has claimed seized passport except the Applicant. Purpose of identification during trial would be served if detailed panchanama of the seized property is prepared. Considering all these facts, the applicant is entitled to the interim custody of seized passports as prayed in the application. Hence, following order -- 1 of 2 -- 02 ORDER 1. Application is partly allowed. 2. Police Station Officer of Nagpada Police Station is directed to handover interim custody of seized passports bearing No.G 3457005 (Mohammad Mohsinbhai Abdillah Vahora and passport No.M 2447002 (Samimbanu Mohsinbhai Vahora wife of appliant) to the applicant on executing supurtnama of Rs.20,000/. 3. The Applicant is directed not to alienate or change the nature of seized passport till disposal of the case and produce the same whenever directed by court. 4. The I.O. is directed to take photographs of the passport. He is further directed to prepare detailed panchanama of the passport and furnish it along with report. 5. Inform accordingly. Mazgaon, Mumbai . Date : 14/06/2022 (Shri. S. H. Gaherwar) Metropolitan Magistrate, 69th Court Mazgaon , Mumbai -- 2 of 2 --