Final Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No. 122/N/2024
Hiten V/s. Vakola P. Stn.
ORDER BELOW EXH.1
1. Applicant viz. Hiten Dayaram Ravat has filed the present
application for return of property lying in the defreezing bank accounts
are as follows,
Sr. No. Bank Name. Account No. Amount
1 SBI 31176597628 24,999/- & more
2 NKGSB Bank. 011130300000137 36,765/- & more
2. Accordingly, notice to respondent has been issued and say of
Investigating Officer and Ld. A.P.P. has been called out.
3. I.O. has given no objection to return the freezed cash amount
to the applicant.
4. Ld. A.P.P. raised objection to release the freezed muddemal.
5. Admittedly freezed cash amount belongs to the applicant. The
contention of the applicant is well supported by his affidavit. Applicant in
support of his contention has produced xerox copies of his Aadhar Card
and all bank details with transaction details, wherein transaction has been
made out. There is no rival claim by any person in respect of the freezed
cash amount. Custody of the alleged cash amount is not required for furter
investigation. In such circumstances, no good purpose would serve keeping
the said cash amount furthis in custody. Applicant is entitled to receive the
freezed cash amount. In the result, following order is passed :-
ORDER
1. The application is allowed.
2. The custody of cash amount, as mentioned below ..
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Sr. No. Bank Name. Account No. Amount
1 SBI 31176597628 36,765/-
2 NKGSB Bank. 011130300000137 18,385/- &
24,999/-
freezed in the crime by Santacruz Police Station in cyber
police portal. No.31902240025057 registered under online
financial fraud, be defreezed and it be returned to the
applicant on furnishing indemnity bond of R.90,000/-.
3. The Investigating Officer is directed to draw panchnama of
the said amount and produce the same with indemnity bond
of applicant along with final report.
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 then he will have to deposit the said
amount in the court.
Mumbai
Date : 05/04/2024.
SRD
Sd/-
Metropolitan Magistrate,
71st Court, Bandra, Mumbai.
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