Final Order 1

Order Details: Order Below EX 1
Pdf Text: Notice Case No. 596/N/2020 C.R.No.285/2020
Mahim Police Station
ORDER BELOW APPLICATION FOR RETURN OF PROPERTY
1] This is an application filed by applicant for return of property namely
cash of Rs.10,300/ seized in C.R. No.285/2020 u/s. 188 of I.P.C. r/w. Sec. 65 (e)
of Maharashtra Prohibition Act by Mahim Police Station.
2] On the application say of respondent was called. The Investigating
Officer and Ld. APP filed say wherein no objection to handover custody of seized
property to the applicant on certain terms and conditions is conveyed.
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 amount seized by
police and ready to abide every condition imposed by this Court.
4] Perused application, documents filed on record, say of police and
affidavit in support of application. Heard advocate for applicant. Perusal of First
Information Report dated 01/10/2020 shows the applicant is the accused in the said
crime in whose possession the said property is found on his personal search. 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 likely to be caused to the investigation agency, if the same
is handed over to the original owner as the same is found on personal search of
accused/ applicant. Hence, the application deserves to be allowed on certain terms
and conditions. Therefore, I pass the following order :
ORDER
1] The application is allowed.
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2] The seized property namely cash of Rs.10,300/ (Rs. Ten Thousand
Three Hundred only) seized in C.R. No.285/2020 u/s.188 of I.P.C. r/w. Sec. 65 (e)
of Maharashtra Prohibition Act by Mahim Police Station, be returned to Applicant
Satyajit Uttam Mandal residing at Mahim (W), Mumbai on executing indemnity
bond of Rs.15,000/ (Rupees Fifteen Thousand Only) with condition that :
a) The applicant shall deposit the amount of Rs.10,300/ 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 : 19/10/2020
(Jaydeo Y. Ghule)
Metropolitan Magistrate
12th Court, Bandra, Mumbai
I/c. ACMM., 9TH COURT, BANDRA, MUMBAI.
ASD.
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