Final Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No. 108/N/2024
Premchand V/s. Santacruz P. Stn.
ORDER
1. This is an application filed for return of cash amount of
R.18,280/- (Eighteen Thousand Two Hundred and Eighty) seized in the
crime by Santacruz Police Station in C. R. No. 27/2024 registered under
section 380 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 and authority letter in respect of hand over cash amount to
the applicant and his ID Card issued by Reliance Retail. 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 only. In the
result, following order is passed :-
ORDER
1. The application is allowed.
2. The custody of cash amount of R.18,280/- (Eighteen
Thousand Two Hundred and Eighty) seized in the crime
by Santacruz Police Station in C. R. No.27/2024
registered under section 380 of I.P.C. be returned to the
applicant on furnishing indemnity bond of R.18,280/-
(Eighteen Thousand Two Hundred and Eighty).
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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.
4. The Reliance Retail though 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 it
then it will have to deposit the said amount in the court.
Mumbai
Date : 30/04/2024.
SRD
Sd/-
Metropolitan Magistrate,
71st Court, Bandra, Mumbai.
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