Final Order 1

Order Details: Copy of Order - 1
Pdf Text: ORDER BELOW EXH.1 IN RETURN OF PROPERTY APPLICATION
NO.970/MISC/2026 IN online complaint no.31903260049726
The applicant has filed this application for interim
custody of amount of Rs.15,000/- as mentioned in the application.
2) Perused the application and say of Investigating Officer,
Ld. APP and respondent bank. The Investigating Officer has no
objection to give said lien marked amount to the applicant. Ld. APP has
submitted that say of respective account holder where alleged amount is
credited and also respective bank is essential. Hence, Ld. APP prayed to
pass appropriate order. I have called say of respondent bank. No say
was filed by the respondent bank till date.
3) The applicant has produced on record copy of cyber
complaint, bank transaction, copy of Aadhar card, copy of service
affidavit and supporting affidavit.
4) In the case of S
nderbhai 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) On hearing learned counsel for the applicant, I find that
the applicant has filed cyber complaint for online fraud of Rs.15,000/-.
During investigation, amount of Rs.15,000/- is lien marked in A/c.
no.1255020000518 of Catholic Syrian Bank Ltd.
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6) No other person than the applicant has claimed that
amount till date. There is sufficient material available on record to show
that said amount is the proceeds of the alleged crime. The applicant has
claimed amount of Rs.15,000/-. Hence, it would be just and proper to
hand over the interim custody of claimed amount of Rs.15,000/- 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.15,000/- from A/c.
no.1255020000518 of Catholic Syrian Bank Ltd., freezed by the
Police Authority of Byculla Police Station, Mumbai in Cyber
complain no.31903260049726 be handed over to the applicant
on executing Indemnity Bond of Rs.15,000/- (Rupees Fifteen
Thousand only) on a Non-Judicial Stamp Paper of value of
Rs.500/-, before the Judicial Clerk of the Court and after
verifying the Bank transactions of the applicant regarding
transfer of said amount, with condition to produce the same as
and when required by the Court during the trial.
3. Investigating Officer to verify the original bank passbook or bank
statement of the applicant.
4. Issue letter to Police Inspector of Byculla Police Station, Mumbai
and Branch Manager of Catholic Syrian Bank Ltd.
Date:- 05/09/2026 (Aarti Kulkarni)
Judicial Magistrate First Class,
25th Court, Mazgaon, Mumbai.
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