Final Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No. 59/N/2023
Vivek V/s. BKC P. Stn.
ORDER
1. This is an application filed for return of cash amount of
Rs.01,26,088/ seized in the crime by BKC Police Station in C. R. No.
878/2022 registered u/sec. 419, 420 r/w. 34 of IPC r/w. 66 (c)(d) of
I. T. Act, 2008.
2. I.O. has given no objection to return the seized cash
amount to the applicant. APP raised objection to release the seized
muddemal.
3. Admittedly seized cash amount belongs to the applicant.
The contention of the applicant is well supported by his affidavit. There
is no rival claim by any person in respect of the seized cash amount.
Custody of the cash amount is not required for further investigation. In
such circumstances, no good purpose would serve keeping the said cash
amount further in custody. Applicant is entitled to receive the seized
cash amount. In the result, following order is passed :
ORDER
1. The custody of cash amount of Rs.01,26,088/ seized in the
crime by Santacruz Police Station in C. R. No.878/2022
registered u/sec. 419, 420 r/w. 34 of IPC r/w. 66 (c)(d) of
I. T. Act, 2008 be returned to the applicant on furnishing
indemnity bond of Rs.20,000/ .
2. Applicant shall not to transfer, alter, alienate in any
manner seized cash amount to any person without prior
permission of Court and shall produce the same as and
when required for trial.
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3. The Investigating Officer is directed to produce indemnity
bond of the applicant along with the final report.
Mumbai.
Date : 20/02/2023.
SRD
Sd/
Metropolitan Magistrate,
71st Court, Bandra, Mumbai.
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