Final Order 1

Order Details: Order Below EX 1
Pdf Text: Notice Case No. 195/N/2021 Bandra Police Station
ORDER BELOW APPLICATION FOR RETURN OF PROPERTY
1] This is an application filed by applicant for return of property
namely cash amount of Rs.62,000/ seized in C.R. No.721/2020 for the
offences u/s.420 of IPC registered at Bandra Police Station.
2] On the application say of respondent was called. The
Investigating Officer filed say wherein no objection to handover custody of
seized property to the applicant on certain terms and conditions is
conveyed. While Ld. APP prayed to reject the application on the ground
that the 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 lawful owner of the said cash seized
by police. He is in need of the said cash. He is ready to abide every
condition imposed by this Court.
4] Perused application, say and affidavit in support of
application. Heard advocate for applicant. Perusal of First Information
Report shows the applicant to be the original informant on whose report
crime is registered. In his complaint he has stated that the accused cheated
him for amount of Rs.62,000/. The applicant has annexed verified copy
of Aadhaar Card as proof of his identify and address.
5] 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
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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 :
ORDER
1] The application is allowed.
2] The seized property namely cash amount of Rs.62,000/
seized in C.R. No.721/2020 by Bandra Police Station, be returned to
Applicant Mr. Karan Kishore Chhabria residing at 31, Sea View Palace, Pali
Mala Road, Bandra W, Opp. St. Annes School, Bandra W, Mumbai50 on
executing indemnity bond of Rs.62,000/ (Rupees Sixty Two Thousand
Only) with condition that :
a) The applicant shall deposit the amount of Rs.62,000/ 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 indemnity bond of
applicant and shall return the muddemal on due verification of applicant.
Investigating Officer further directed to file indemnity bond in the Court.
On filing of indemnity bond, it be attached with the chargesheet.
Order accordingly.
Mumbai
Date : 04/03/2021
(Jaydeo Y. Ghule)
Metropolitan Magistrate
12th Court, Bandra, Mumbai
*NKD
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