Final Order 1

Order Details: Order Below EX 1
Pdf Text: Notice Case No. 77/N/2021 Dharavi Police Station
ORDER BELOW APPLICATION FOR RETURN OF PROPERTY
1] This is an application filed by applicant/accused for return of
property namely cash amount of Rs.1,22,000/ seized in C.R. No.17/2021
for the offence u/s.381 of IPC registered at Dharavi Police Station.
2] On the application say of respondent was called. The
Investigating Officer has filed say wherein no objection to handover
custody of seized property to the applicant on certain terms and conditions
is conveyed. Ld. APP filed say and submitted that the said property is
required at the time of trial.
3] In support of application, the applicant has filed on record his
own affidavit and submitted that he is complainant in the said crime. The
accused has stolen of Rs.1,73,000/ from his custody. He is ready to abide
every condition imposed by this Court. The Applicant has filed on record
copy of F.I.R. dated 11/01/2021 which shows him to be the original
informant on whose report crime is registered. The applicant has annexed
verified copy of Aadhaar Card as proving of his identify and address.
4] Perused application, say of police and affidavit in support of
application. Heard advocate for applicant. At this stage except the
applicant there is no other claimant who has claimed the custody of seized
property. No purpose is likely to be served by keeping the said amount in
the custody of investigation agency till conclusion of trial as applicant will
be deprived from utilizing his own amount without having any fault on his
part. Therefore, the application for return of property certainly deserves to
be allowed as no prejudice is likely to be caused to the investigation
agency, if the same is handed over to the original owner. Hence, the
application deserves to be allowed on certain terms and conditions.
Therefore, I pass the following order :
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ORDER
1] The application is allowed.
2] The seized property namely cash amount of Rs.1,22,000/
seized in C.R. No.17/2021 by Dharavi Police Station, be returned to
Applicant Mr. Machindra Ramchandra Papal residing at Room No.1707,
Mauli Mhada Building, Rambhau Bhogale Marg, Cottan Green, Mumbai
33 on furnishing solvent surety of Rs.1,22,000/ (Rupees One Lakh
Twenty Two Thousand) with condition that :
a) The applicant shall deposit the amount of Rs.1,22,000/ in
the Court as and when directed by this Court in the future.
3] The Investigation Officer shall make detail panchanama of the
currency notes, stated in detail type of currency notes and its number. The
Investigating Officer is directed to take the above surety bond of applicant
and shall return the muddemal on due verification of applicant.
Investigating Officer further directed to file surety bond in the Court. On
filing of surety bond, it be attached with the chargesheet.
Order accordingly.
Mumbai
Date : 10/03/2021
(Jaydeo Y. Ghule)
Metropolitan Magistrate
12th Court, Bandra, Mumbai
*NKD
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