Final Order 1

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ORDER BELOW EXH.01 IN MISC. APPLICATION NO.1260/2024
IN C.R. No. 302/2024, R. A. K. MARG POLICE STATION, MUMABI.
The present application is filed for return of muddemal
property i.e. cash of Rs.72,280/- which accused has got transferred
online from applicant's account maintained with HDFC Bank
Account No.50100671706030 and Bank of Maharashtra Account
No. 68006712031.
02. Gone through the application as well as say filed by I.O.
below and say of APP. Called say of branch Manager of State Bank
of Mauritius. But they did not file the say and today not present
before this court.
03. Investigating Officer does not disputing the entitlement
of the applicant over seized cash of Rs.72,280/- vide say below
Exh-4. From reply of the I.O. The crime registered is in nature of
online fraud and total amount of Rs.72,280/- is got transferred by
accused from HDFC Bank Account No.50100671706030 and
Bank of Maharashtra Account No. 68006712031. Applicant has
filed copy of bank statement of HDFC Bank and Bank of
Maharashtra to show the transaction. Hence, the applicant has
prima-facie established his entitlement for legal custody of the
freezed amount of Rs.72,280/- lying in the account maintained at
State Bank of Mauritius Bank Account No. 20012209060745.
The applicant had claimed that total amount of Rs.72,280/- which
is freezed by I.O. State Bank of Mauritius failed to appear before
this court and submit reply about the details of freezed amount.
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04. Therefore, I find no hurdle to return cash of Rs.72,280/-
as interim custody to the applicant which is lying into an State
Bank of Mauritius Bank Account No. 20012209060745 it is freezed
by the I.O. Applicant has prayed to transfer the said amount in his
Bank of Maharashtra Account No.68006712031. Hence, the
application will have to be allowed with conditions. Hence, the
order :-
:: O R D E R ::
(01) The application is allowed.
(02) I.O./PSO of R. A. K. Marg Police Station is directed to
de-freeze the total amount of Rs.72,280/- lying
into the State Bank of Mauritius Bank Account No.
20012209060745 an amount of Rs.72,280/-.
(03) The concern State Bank of Mauritius Bank is directed to
transfer the total amount of Rs.72,280/- to the account
of the applicant, maintained with Bank of Maharashtra
Account No. 68006712031.
(04) Applicant to furnish indemnity bond of Rs.1,45,000/-
towards security of amount.
(05) Applicant shall deposit the amount of Rs.72,280/-
immediately, as and when directed by Court.
(06) I.O. shall file compliance report.
sd/-
(K. M. Pingle)
Judicial Magistrate First Class
Date :03/08/2024 13th Court, Dadar, Mumbai.
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