Final Order 1

Order Details: Order Below EX 1
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE,
32ND COURT, BANDRA, MUMBAI.
Notice No. 141/N/2022.
C.R. No. 71/2022.
State Kherwadi PS
CNR No. MHMM18-001738-2022
Yasin Jamal Shaikh @ Sekh Iyasin … Applicant
V/s.
Sr. Inspector of Police,
(State Kherwadi PS) & 1 Or. ...Respondents.
ORDER PASSED BELOW EXH. 01
This application is filed by the applicant namely Yasin
Jamal Shaikh @ Sekh Iyasin for release of seized muddemal i.e. freezed
cash of Rs.22,000/ and cash of Rs.6,000/ seized by Kherwadi police, in
connection with Crime No.71/2022 registered with the said police
station for the offence punishable under section 420 of I.P.C.
2) Say was called from I. O., A.P.P. and accused. I.O. has given
no objection. Ld. APP opposed the application and submitted that, said
muddemal used in the commission of offence and there is possibility of
tampering of evidence. She prayed for rejection. Accused Subhash
Mourya has given no objection.
3) In support of his contention regarding ownership, applicant
has filed on record verified copies of Aadhar card and xerox copies of
FIR & statement alongwith his affidavit.
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4) In the matter of Sunderbhai Ambalal Desai V/s. State of
Gujrath, AIR 2003, SC 638 the Hon'ble Supreme Court has laid down
certain guidelines as to the property which is seized by the police during
the investigation, which is to be disposed of as early as possible. The
applicant has praying to compounding prayers i.e. defreezing bank
account and giving that money to him. But, for defreezing bank account,
this is not the right way to file such application. Therefore, he is entitled
for getting partial cash. Under such circumstances, I pass following
order.
:: O R D E R	O R D E R ::
1] Application is partly allowed.
2] The seized muddemal property i.e. Cash of
Rs.6,000/ be handed over to applicant on executing
indemnity bond of Rs. 6,000/ (In words Rupees Six
Thousand only), in the police station.
3] The applicant should undertake that he shall not
transfer, pledge or any other way alienate the said
muddemal till the final disposal of the Crime
No.71/2022.
4] The applicant is also directed to produce
the said muddemal property as and when ordered to do
so.
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5] The I.O. is directed to draw the proper
panchanama and take out two photographs of the
muddemal property in order to establish the identity
for identification and evidence.
6] The applicant is also directed to produce
his address proof.
7] Said application is to be affixed with Crime
No.71/2022.
Date : 18.05.2022
ssl.
(Smt. A.M. Shah)
Metropolitan Magistrate,32nd Court,
Bandra, Mumbai.
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