Final Order 1

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IN THE COURT OF JUDICIAL MAGISTRATE, FIRST CLASS,
67TH COURT, BORIVALI, MUMBAI.
Notice No. 6701150/N/2025
Dindoshi Police Station, Mumbai.
ORDER ON APPLICATION FOR RETURN OF PROPERTY
Perused application filed by the applicant namely Mr.
Dattatray Bharat Khaire and say of I.O. I.O. has given no objection to
handover the seized property to the applicant. Heard Ld. advocate for
the applicant. Application is supported by affidavit, copy of FIR, PAN
Card and Adhar Card of applicant. Except applicant, no one has come
forward to seek interim custody of the property till today.
2. According to prosecution that offence registered against
the accused at the instance of complainant vide C.R. No.449/2023
u/s. 420 and 406 r/w. 34 IPC at Dindoshi police station. During the
course of investigation police have seized cash of Rs.6,50,000/-. After
perusal of document placed on record, it appears that applicant is the
rightful claimant of said property which was seized in C.R.
No.449/2023 u/s. 406 and 420 r/w. 34 of IPC. Therefore, it would be
proper to hand over the cash of Rs. 6,50,000/- to the applicant. If
cash is lying in police station, it would be lost. In such circumstances,
interim custody of said property be handed over to the applicant by
imposing stringent condition then purpose will be sufficed. Hence, as
per ratio laid down in the case of
Sunderbhai V/s. State of Gujarat
application deserves to be allowed.
3. Hence, applicant is entitled for the possession of the
same. Therefore, I am inclined to allow the said application. Hence, I
pass following order-
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ORDER
Interim custody of cash of Rs.6,50,000/- seized in C.R.
No.449/2023 u/s. 406 and 420 r/w. 34 of IPC at Dindoshi police
station shall be given to the applicant viz. Mr. Dattatray Bharat Khaire
on his executing supuratnama of Rs.6,50,000/- (Rs. Six Lakh Fifty
Thousand Only), with condition that applicant shall produce the
same as and when required by the court during the trial and shall not
change, sell, transfer etc; till disposal of the case. IO to obtain
photograph of said seized property before handing over to applicant
and prepare detailed panchanama.
2. I.O. is directed to take the serial numbers of currency
notes which are mentioned in seizure panchanama and take the
photograph of same.
3. Inform police authority accordingly.
- sd/-
Date:- 23.09.2025 ( Abhay D. Ghuge )
Judicial Magistrate (First Class),
67th Court, Borivali, Mumbai.
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