Order 1

Order Details: Order Below EX 1
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CC no. 856/N/2021
Rohan V/s. State
ORDER
1. The applicant is praying for return of amount of Rs.
10,00,000/ seized by BKC Police Station in crime No. 351/2021,
registered u/sec. 381 of IPC.
2. The I.O. filed his say. He submitted that the said amount has
been seized from the accused. The I.O. has no objection to return the
property to the applicant.
3. The applicant submits that he is director of BNL Express Cargo
Pvt. Ltd. The first informant Vijay Jadhav is his employee. The accused is
also working with the company as Driver. The first informant and the
accused were entrusted with the amount of Rs. 10,00,000/ to be taken to
another branch. The first informant had to give one delivery in the way.
So he stepped down out of the vehicle and instructed the accused remain
seated in the vehicle as cash amount was kept in the vehicle. When the
first informant returned, he did not find the accused and the cash was also
missing. He got to know from CCTV footage in the area that the accused
left with the cash. He lodged report about the incident.
4. The applicant is claiming said cash amount seized by the
police from the accused. He produced on record copy of FIR, authorisation
letter and Aadhar in support of his version. He has also produced NOC
from the first informant. It appears from the submission of the applicant
and the documents produced on record that he is entitled to claim interim
custody of the cash amount he being the Director of the company. No one
else except the applicant has claimed the cash. It will not be proper to
keep the cash in the property room at the police station. It will be proper
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CC no. 856/N/2021
Rohan V/s. State
to hand over the cash seized to the applicant. In the result, following order
is passed :
ORDER
1. The application is allowed.
2. The amount of Rs. 10,00,000/ seized by BKC Police Station in
crime No. No. 351/2021, registered u/sec. 381 of IPC be given
to the applicant.
3. The applicant is directed to furnish indemnity bond of
Rs.10,00,000 /.
4. The investigating officer should furnish the indemnity bond
alongwith the final report.
5. The investigating officer to prepare detailed panchnama about
the cash amount seized by him mentioning denominations and
numbers of currency notes comprising the said cash amount, if
not perpared at the time of seizure.
Sd/
Metropolitan Magistrate,
Date: 27092021 71st Court, Bandra, Mumbai.
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