Final Order 1

Order Details: Copy of Order
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE,
17TH COURT, BORIVALI, MUMBAI
Notice No. 86/N/2022
in C.R. No.17/2021
North Region Cyber Police Station
ORDER BELOW EXH. 1
1. Perused application. Applicant namely Smt. Meena Tulshiram
Jadhav (Meena Nandkumar Shingate) is claiming cash amount of
Rs. 1,45,480/ involved in C. R. No. 17/2021 lodged for the offences p/u/s
419, 420 of IPC r/w Sec. 66 (c)(d) of I. T. Act. Called say of I. O. and Ld.
APP as well as accused.
2. The applicant has stated that she has lodged FIR bearing No.
17/2021 at North Region Cyber Police station. During investigation,
amount of Rs. 1,45,480/ has been recovered by the police in above
mentioned crime. It is lying in the police station. Hence, she is seeking its
custody.
3. Perused say filed by I. O. and Ld. APP. The I.O. and accused
viz. Chukwu Sunday Promise have given no objection to release the cash
amount in favour of applicant. Ld. APP has strongly opposed this
application stating that it is most important evidence at the time of trial. If
it is returned to the applicant, he will not produce the same as and when
required by the court for trial. Hence, he prayed to reject the application.
4. Applicant has filed affidavit in support of her application. She
has also filed on record photocopy of FIR, adhar card and pan card as well
as statement of account of applicant.
5. Heard Ld. Advocate for applicant. Considering the nature of
offence, I am of the opinion that the cash could not be a property to be
identified by any witness during trial. Rather, I do not find it safe to keep
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the cash of Rs. 1,45,480/ in the police station and to expose the police to
risk of unnecessarily guarding the property when the applicant is ready to
take it back. Grounds are satisfactory. Conditional order will suffice the
purpose. Hence, application allowed in following terms
ORDER
1. Application is allowed.
2. The seized property i.e. cash amount of Rs. 1,45,480/ (Rupees
One lakh FortyFive thousand Four hundred Eighty only) be
returned to applicant viz. Smt. Meena Tulshiram Jadhav (Meena
Nandkumar Shingate), on executing her supurtnama bond of Rs.
1,45,480/ (Rupees One lakh FortyFive thousand Four hundred
Eighty only) subject to following conditions
a) The concerned police station shall prepare a detail
panchanama by specifically mentioning the denomination
and number of each currency note.
b) Panchanama shall be prepared in presence of respectable
panch witnesses as well as snap the photographs and shall
be forwarded to the Court along with the final report.
c) Supurtnama be executed in concerned police station on it's
due identification.
d) Concerned police station to transmit copy of Supurtnama to
this Court.
3. If at the stage of trial or at any stage of proceeding in the
present matter, it comes to the notice of Court that the applicant is not
entitled to the said amount then she will forthwith deposit the said amount
in the Court on direction given in this respect.
4. Office to issue memo accordingly.
(A.R. Malvade)
Metropolitan Magistrate,
Dtd. 23.02.2022 17th Court, Borivali, Mumbai.
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