Final Order 1

Order Details: Copy of Order - 1
Pdf Text: ORDER BELOW EXH.1 IN RETURN OF PROPERTY APPLICATION NO.
2150/MISC/2025 IN Ack. No.31911250216622
OF BYCULLA POLICE STATION
This application is filed for interim custody of amount of
Rs.57,299/-.
2. Perused the application and say of Investigating Officer
and Ld. APP. The respondent bank has not filed their say. The 1.0. has
submitted that, only Rs.57,299/- is freezed at IDBI Bank, State Bank of
India and Kotak Mahindra Bank and he has no objection to return the
amount of Rs.57,299/- to applicant. Ld. APP has no objection to return
the said amount on terms and conditions.
3. The applicant has produced on record the Copy of
Acknowledgment (complaint), copy of Aadhar Card, Bank Statement
and supporting affidavit. The applicant has also produced the copy of
service of notice to the concerned banks. Till today, the banks have not
given say.
4. 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
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
investigation of the said crime, it reveals that, the amounts of
Rs.57,299/- is lien marked on freezing account maintained by the bank
as submitted by Investigating Officer in his say. The police have freezed
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said account.
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.57,299/- to the applicant by imposing certain conditions and
obtaining Indemnity Bond from applicant. Hence, J pass following
order:-
ORDER
1. The applicationis allowed.
2. The interim custody of amount of Rs.45,044/- from a/c
no.0020102000008242 maintained with IDBI Bank, Rs.5,550/-
from a/c.00000044610758260 maintained with State Bank of
India, Rs.2,000/- from a/c.00000042749617805. maintained
with State Bank of India and Rs.4,705/- from a/c.8550331889
maintained with Kotak Mahindra Bank, total amount of
Rs.57,299/- freezed by the Police Authority of Byculla Police
Station, Mumbai be handed over to the applicant on executing
Indemnity Bond of Rs.57,000/- (Rupees Fifty SevenThousand
only) ona 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
and Branch Manager of Indian Overseas Bank.
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Date :- 06.03.2026 (Aarti Kulkarni)
Judicial Magistrate First Class,
25 Court, Mazgaon, Mumbai.
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