Final Order 1

Order Details: Order below Ex-1
Pdf Text: CNR No.MHMM130034952023
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MHMM130034952023 Cri. Misc. Appln. No. 963/2023
Under Section 457 of Cri.P.C.
Mohd. Sakib @ Shakil Rafeek Qureshi
Vs.The State of Maharashtra (Through
Deonar P.S.)
ORDER BELOW EXH. 1
(Passed on 03/04/2023)
Applicant is seeking custody of muddemal seized in C.R.27/2023 by
Deonar Police Station. The seized property is cash amount of Rs.20,000/
It is alleged by the applicant that he requires the seized muddemal for his
day to day work. According to applicant, if the same is kept at police
station, it's utility will become useless. Hence, this application.
2. I.O has filed say vide 05. I.O. has given no objection to
release the property. Ld. APP has filed his say vide Exh.06 and objected the
application contending that the muddemal is material piece of evidence
during the trial. He has further submitted that the guidelines of Hon'ble
Apex Court be strictly complied with.
3. In support of application, the applicant has filed (i) Copy of
FIR, (ii) Verified Copy of Aadhar card. (iv) No objection of accused vide
Exh.07 to release the cash amount. (v) Affidavit of Applicant.
4. With due verdict of Hon'ble Apex Court in Sundarbhai
Ambalal Desai v/s State, powers under section 457 of Cri.P.Code should be
exercised expeditiously. If the muddemal is kept unattended, it would turn
useless. Unnecessarily, police machinery would be required to keep it in
safe custody. Applicant has proved his prima facie entitlement to the
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interim custody of the seized cash. Neither accused nor anybody else has
claimed the muddemal. In above circumstance, and, in view of broad
guidelines of Hon'ble Apex Court in the ratio relied supra, it would be just
to hand over interim custody of seized muddemal to the applicant. Hence
order :
O R D E R
1. Application stands allowed.
2. The custody of seized muddemal i.e. cash of Rs.20,000/
(Rs. Twenty Thousand Only) shall be hand over by I.O. to the applicant
namely Mohd. Sakib @ Shakil Rafeek Qureshi, R/o. Dr.Zakir Hussain
Nagar, Near Kailash Kirana Store, Govandi, Mumbai by executing an
indemnity (Supratnama) bond equivalent to market value of the
muddemal.
3. I.O. is directed to release the muddemal seized in C.R. No.
27/2023 in favour of above said applicant after effecting proper and detail
panchanama with three dimensional photographs and also mentioning the
denomination & details of currency notes at the costs of the applicant,
signed by applicant and counter signed by I.O.
4. The applicant shall produce/ account for the muddemal before
the Court as and when required.
5. I.O. shall file copy of Indemnity bond, all the necessary
documents, the original panchnama with photographs alongwith charge
sheet.
6. Application and order be also kept along with the charge sheet.
(Order is dictated and pronounced in the open Court.)
Mumbai, (Mrudula S. Kochar)
Dt. 03.04.2023 Metropolitan Magistrate,
45th Court, Kurla, Mumbai.
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