Final Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No. 262/N/2023
Suresh V/s. Santacruz P. Stn.
ORDER
1. This is an application filed for return of property those are
1] cash amount of R.71,820/ 2] HP Laptop, 3] DBX Amplifier and 4]
Delta Speakers seized in connection with the crime by Santacruz Police
Station in C. R. No. 508/2022 registered under section 294, 114 r/w.
34 of IPC and etc.
2. I.O. has given no objection to return the seized muddemal
to the applicant. APP raised objection to release the seized muddemal.
3. Admittedly, seized cash amount belongs to the applicant.
Admittedly, the F.I.R. also discloses that, the amount of R.71,820/ has
been recovered from the cash counter of the hotel, which is running by
the applicant. Therefore, I am of the opinion that, the amount seized by
police can be returned to the applicant by imposing conditions. So far
as, the other seized property are concerned the applicant has not
produced on record any document showing his ownership in respect of
those articles. Further, as per say of Investigating Officer the songs on
which the obscene dance has been played in the hotel at the relevant
time have been saved in the laptop. In such circumstances, the laptop,
amplifier can not be given to the applicant.
4. Applicant in support of his contention has produced xerox
copies of FIR and his Aadhar Card. 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 only. In the
result, following order is passed :
-- 1 of 2 --
~2~
ORDER
1. The application is partly allowed.
2. The custody of cash amount of R.71,820/ seized in
the crime by Santacruz Police Station in C. R.
No.508/2022 registered under section 294, 114
r/w. 34 of IPC and etc. be returned to the applicant
on furnishing indemnity bond of R.75,000/ .
3. The Investigating Officer is directed to draw
panchmana of the seized notes and also mentioned
the numbers of seized notes in the said panchanama
and produce the panchanama 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.
5. The prayer regarding HP Laptop, DBX Amplifier and
Delta Speakers is hereby rejected.
Mumbai
Date : 31/07/2023.
SRD
Sd/
Metropolitan Magistrate,
71st Court, Bandra, Mumbai.
-- 2 of 2 --