Final Order 1

Order Details: Order Below EX 1
Pdf Text: 1
ORDER IN C. C. NO.206/N/2020
1. The applicant is praying for return of amount of 5000 US $
valuing approximately Rs. 2,59,000/ seized by Vakola Police station in
crime No. 17/2020, registered u/sec.379, 34 of IPC.
2. The respondent has filed say. It is submitted that 3600 US$
have been seized from the possession of Mohd. Iqbal Mizamool Haq
Shamsi at the instance of the accused. The respondent has no objection to
return the said amount to the applicant.
3. Notice was issued to Mohd. Iqbal Mizamool Haq Shamsi. The
report shows that it was served upon him. It is also mentioned in the
report that he endorsed no objection on the copy of the notice to return the
amount to the applicant. The copy of the notice is attached with the
report.
4. The applicant submitted that 5000 US $ and Rs. 20,000/
were stolen from his possession. He lodged report about theft. He is
entitled to the amount seized by the police. He has produced copy of FIR,
Production Panchanama, Passport, PAN Card and Aadhar Card in support
of his claim. It appears from production panchanama that 3600US $ were
seized from Mohd. Iqbal Mizamool Haq Shamsi. However, the applicant is
claiming entire amount i.e. 5000 US $. Considering the amount seized,
the prayer of the applicant cannot be allowed in toto. It is to be taken into
account that no one else has claimed the custody of the amount . It will be
proper to hand over the amount seized to the applicant. In the result,
following order is passed :
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ORDER
1. The application is partly allowed.
2. The amount of 3600 US $ seized by Vakola Police
station in crime No. 17/2020, registered u/sec.379, 34 of IPC be
given to the applicant.
3. The applicant is directed to furnish indemnity bond of
Rs.2,70,000 /.
4. The applicant is directed to furnish said amount before the
Court, whenever required for trial.
5. The investigating officer should prepare detailed panchanama
containing denominations and number of currency notes comprising
US$ seized in this case. He should furnish the said panchanama and
the indemnity bond alongwith the final report.
Metropolitan Magistrate,
Date: 27082020 71st Court, Bandra, Mumbai.
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