Final Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No. 184/N/2024
Hiten V/s. Vakola P. Stn.
ORDER
1. This is an application filed for return of cash amount of
R.36,765/-/- (Thirty Six Thousand Seven Hundred Sixty Five) freezed in
the crime by Vakola Police Station in Cyber crime No. 31902240025057
registered on 12/02/2024, 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 his 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.36,765/- (Thirty Six
Thousand Seven Hundred Sixty Five) credited in the SBI
bank account No.31176597628 from Federal Bank
account No.22550100053451, which is freezed in the
crime by Vakola Police Station in Cyber crime
No.31902240025057 registered on 12/02/2024, under
provision of Cyber Crime Cell be returned to the applicant
on furnishing indemnity bond of R.40,000/-.
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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 he will have to deposit the
said amount in the court.
Mumbai
Date : 15/04/2024.
SRD
Sd/-
Metropolitan Magistrate,
71st Court, Bandra, Mumbai.
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