Final Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No. 349/N/2023
Jay V/s. BKC P. Stn.
ORDER
1. This is an application filed for return of cash amount of R.
40,00,000/- seized in the crime by BKC Police Station in C. R. No.
326/2023 registered under section 420, 408 of IPC.
2. I.O. has given no objection to return the seized cash
amount to the applicant. Ld. A.P.P. 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. The contention of the applicant is well supported
by his affidavit and NOC-affidavit of informant viz. Shyam Dineshbhai
Bhut. 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.40,00,000/- seized
in the crime by BKC Police Station in C. R.
No.326/2023 registered under section 408, 420 of
IPC be returned to the applicant on furnishing
indemnity bond of R. 40,00,000/-.
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2. The Investigating Officer is directed to draw detail
panchmana of the seized notes and also mentioned
the denomination numbers of seized notes in the
said panchanama and produce the panchanama
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 : 29/08/2023.
SRD
Sd/-
Metropolitan Magistrate,
71st Court, Bandra, Mumbai.
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