Final Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No. 113/N/2024
Deepak V/s. B.K.C. P. Stn.
ORDER
1. This is an application filed for return of cash amount of
R.1,00,000/- (One Lac) seized in the crime by B.K.C. Police Station in C.
R. No. 485/2023 registered under section 406, 420 etc. of I.P.C.
2. I.O. did not object to return the seized cash only to the
applicant. Ld. A.P.P. objected to release the cash, as it requires for trial.
3. Admittedly, seized cash belongs to the applicant. Applicant
in support of his contention has produced xerox copies of F.I.R., his
Aadhar Card. Application is well supported by affidavit of applicant.
Custody of the seized cash amount is not required for further
investigation. In such circumstances, no good purpose would serve
keeping the said cash amount further in custody. For the apprehension
of Ld. A.P.P. condition can be imposed. Applicant is entitled to receive
the seized cash amount. In the result, following order is passed :-
ORDER
1. The application is allowed.
2. The custody of cash amount of R.1,00,000/- (One Lac)
seized in the crime by B.K.C. Police Station in C. R. No.
485/2023 registered under section 406, 420 etc. of I.P.C.
be returned to the applicant on furnishing indemnity bond
of R.1,00,000/- (One Lac).
3. The Investigating Officer is directed to draw panchmana
of the seized notes and produce the same with indemnity
bond of applicant in final report.
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4. The applicant shall submit undertaking that, in case court
concluded at the end of trial that, the said amount is not
entitled to receive by him, then he will have to deposit the
said amount in the court.
Mumbai
Date : 13/03/2024.
SRD
Sd/-
Metropolitan Magistrate,
71st Court, Bandra, Mumbai.
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