Final Order 1

Order Details: Copy of Order - 1
Pdf Text: C.C.No.6902452/Misc/2024
Sachin Suresh Wadkar
Vs. Police Station Nagpada
ORDER PASSED EXH. 1
Perused the application, say of I.O. and Ld. APP. Investigating
officer has no objection to hand over interim custody of the seized amount of
Rs.20,000/- to applicant on conditions. Ld. Learned APP filed say on the
application and prayed to reject the application on the ground that the say of
account holder is not received. Investigation officcer has filed say and filed no
objection to return the seized property to the applicant. The applicant has
prayed to return of property i.e. online transfer of amount of Rs.20,000/- is
lying in the certain bank account which is being freezed by the investigating
officer. He further contended that, he lodged complaint by way of online with
Nagpada police station, as per the new law vide online for online cheating is
sum of Rs.20,000/-. That during online cheating by accused to him, thereafter
he noticed that, he was cheated at the hands of accused person in sum of
Rs.20,000/-. Immediately, he lodged complaint. That during investigation the
police frezzed the account of accused and his amount is lying with the account
of accused, the sum of Rs.20,000/- which put on hold. That he is in need of his
said amount as same is required for his daily use. He has been cheated from the
hands of accused, hence present application has been filed. That thereafter the
police freezed the account of the accused.
2. Perused the application. On the basis of information given by
applicant offence is registered at PS Nagpada. Investigating officer has freezed
the bank account of accused i.e. DCB Bank account No.23411100002318 hold
amount Rs.10,000/- and Bank account No.160801000006944 of Indian
Overseas Bank hold amount Rs.10,000/- in which amount of applicant is lying.
I.O., has no objection to hand over interim custody of seized amount to
applicant. That the applicant is holder of State Bank of India, the account
No.31256529861 from which this account the amounts were deducted from
time to time.
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3. Considering this it is necessary to give the temporary custody of seized
amount to the applicant by taking bank gaurantee/suprutnama before
returning the amount. Considering all these facts, applicant is prima facie
entitled to interim custody of seized amount with some conditions. In the result
following order :-
ORDER
1. Application No.2452/Misc./2024 is allowed as under :-
2. Investigating officer of Nagpada Police Station is directed to defreeze the
bank account of accused i.e. DCB Bank account No.23411100002318
hold amount Rs.10,000/- and Bank account No.160801000006944 of
Indian Overseas Bank hold amount Rs.10,000/- and get it transfer the
amount of Rs.20,000/- of applicant Sachin Suresh Wadkar in his bank
account of State Bank of India, the account No.31256529861 on
executing supurtnama of like amount.
3. Applicant is directed to furnish supurtnama of like amount before P.S.O.
of PS Nagpada.
4. I.O. is directed to prepare detailed panchnama of the seized amount
with particulars of amount at the time of handing over amount to the
Applicant and furnish it along with report.
5. Inform accordingly.
Sd/-
(S. H. Gaherwar)
Judicial Magistrate (First Class),
Date :- 27/12/2024 69th Court Mazgaon, Mumbai
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