Final Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No. 256/N/2023
Mahesh Babulal Mehta V/s. BKC P. Stn.
ORDER
1. This is an application filed for return of cash amount of R.
05,00,000/ seized in the crime by BKC Police Station in C. R. No.
219/2023 registered under section 381 of IPC.
2. I.O. has given no objection to return the seized cash
amount to the applicant. APP raised objection to release the seized
muddemal.
3. Admittedly seized cash amount belongs to the applicant.
Applicant in support of his contention has produced xerox copies of FIR
and his Aadhar Card, letter from Padma Gems for investigation of theft
from our office. The contention of the applicant is well supported by his
affidavit. There is no rival claim by any person in respect of the seized
cash amount. Custody of the cash amount is not required for further
investigation. In such circumstances, no good purpose would serve
keeping the said cash amount further in custody. Applicant is entitled to
receive the seized cash amount. In the result, following order is
passed :
ORDER
1. The custody of cash amount of R.05,00,000/ seized
in the crime by BKC Police Station in C. R.
No.219/2023 registered under section 381 of IPC be
returned to the applicant on furnishing indemnity
bond of R. 05,00,000/ .
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2. The Investigating Officer is directed to draw
panchmana of the seized notes and produce the
same with indemnity bond of applicant along with
final report.
3. 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 : 04/07/2023.
SRD
Sd/
Metropolitan Magistrate,
71st Court, Bandra, Mumbai.
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