Final Order 1

Order Details: copy of Order
Pdf Text: CNR No. MHMM16-008850-2026
C.C.No.219/N/2026
IN CRIMINAL CASE NO.315/PW/2015 in MECR No.03/2013
of Parksite Police Station
ORDER PASSED ON EX-1
1] This is an application filed filed by the applicant Navin
Vitthal Shetty for return of cash amount of Rs.1,06,081/- (Rs. One Lac
Six Thousand and Eighty One only) seized by Parksite Police Station
from his possession in M.E.C.R.NO.03/2013 registered by Parksite
Police Station.
2] The Investigating Officer vide say shown no objection to
hand over the freezed cash amount to the applicant.
3] The learned Advocate for the applicant submitted that, the
cash amount of Rs.1,06,081/- seized by the Parksite Police Station
from the possession of accused during the seizure panchnama. The
applicant is ready and willing to abide the conditions imposed by the
Court. The applicant has prayed that seized cash amount be handed
over to him.
4] Perusal of the documents filed therein, depicts that the
matter is already disposed of on 29/05/2025 by my Ld. Predecessor.
No-one has claimed the abovesaid seized cash amount during trial or
after the disposal of the said matter till date. The alleged amount was
seized by the Parksite Police Station from the custody of the
applicant /accused. Therefore he is entitled to receive total cash
amount of Rs.1,06,081/- as no-one has claimed the said amount. No
purpose will be served in keeping cash of Rs.1,06,081/- in the custody
of the Police of Parksite Police Station. On the contrary, if the said cash
amount Rs.1,06,081/- is handed over to the applicant, as interim
custody to the applicant on certain conditions, no injustice will be
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caused to the prosecution and trial of alleged offence would not be
concluded in near future.
5] The applicant has shown his entitlement to claim interim
custody of seized cash amount of Rs.1,06,081/-. Therefore, this
application deserves to be allowed. Accordingly, following order is
passed:-
-: O R D E R :-
1) Application is allowed.
2) Seized Property i.e. cash amount of Rs.1,06,081/- (Rs. One Lac
Six Thousand and Eighty One only) be handed over to the
interim custody of the applicant subject to following
conditions:-
3) Applicant shall execute indemnity bond of Rs.1,06,081/- (Rs.
One Lac Six Thousand and Eighty One only) on bond paper of
requisite value undertaking to produce the said amount as and
when ordered by the court.
3) The I.O. of the present crime is hereby directed to draw detailed
Panchanama of the cash amount of Rs.1,06,081/- and note
down serial numbers of currency notes before handing over it
to the applicant.
4) The applicant shall undertake that he would deposit amount
received by him, as and when directed by this court.
5) The applicant shall furnish copy of his Pan Card, Aadhar Card as
well as details of his address in the Court.
6) Intimate this order to the Police Station Officer for compliance
also.
Date :-17/07/2026
Place:-Vikhroli
(P. V. Hingne)
Addl. Chief Judicial Magistrate,
31st Court, Vikhroli, Mumbai
Pgs/-
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