Final Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No. 129/N/2024
Solly V/s. Vakola P. Stn.
ORDER
1. This is an application filed for return of cash amount of
R.25,000/- (Twnety Five Thousand) freezed in the crime by Vakola
Police Station in complaint application No. TR 01/B/2024 registered on
06/02/2024, under provision of Cyber Crime Cell.
2. I.O. did not object to return the seized cash 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 Cyber Crime
complaint, Account details and her PAN Card and 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
only. In the result, following order is passed :-
ORDER
1. The application is allowed.
2. The custody of cash amount of R.25,000/- (Twnety Five
Thousand) credited to the SBI bank account No.
10458785222 from Kotak Mahindra Bank account
No.3449694236, which is freezed in the crime by Vakola
Police Station in complaint application No. TR 01/B/2024
registered on 06/02/2024, under provision of Cyber
Crime Cell be returned to the applicant on furnishing
indemnity bond of R.25,000/-.
-- 1 of 2 --
~2~
3. The Investigating Officer is directed to draw panchmana
and produce the same with indemnity bond of applicant
in the 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 by it then she will have to deposit the
said amount in the court.
Mumbai
Date : 15/04/2024.
SRD
Sd/-
Metropolitan Magistrate,
71st Court, Bandra, Mumbai.
-- 2 of 2 --