Final Order 1

Order Details: Order Below EX 1
Pdf Text: IN THE COURT OF JUDICIAL MAGISTRATE (FIRST CLASS),
32ND COURT, BANDRA, MUMBAI.
Notice No. 268/N/2024.
C.R. No. 349/2024.
MHMM18-006441-2024
Kherwadi Police Station.
Vikram Kaluram Mali … Applicant
V/s.
Sr. Inspector of Police,
(Kherwadi Police Station) ...Respondent.
ORDER PASSED BELOW EXH.1
This application is filed by the applicant namely Vikram Kaluram
Mali for release of cash of Rs. 1,21,611/- which is seized by the Kherwadi
Police Station in connection with Crime No.349/2024 registered with the
Kherwadi police station for the offence punishable under section 419, 420, 34
of I.P.C. and section 66 (c), 66(d) of I.T. Act.
2) Say was called from I.O. and A.P.P. The I.O. has given his no
objection. The learned APP prayed for appropriate order.
3) In support of his contention regarding ownership, applicant has
filed on verified copies of Aadhar card & xerox copy of FIR & statement, online
bank statement of applicant alongwith his affidavit. He is the original
complainant of said crime.
4) In the matter of
Sunderbhai Ambalal Desai V/s. State of Gujrath,
AIR 2003, SC 638 the Hon'ble Supreme Court has laid down certain guidelines
as to the property which is seized by the police during the investigation, which
is to be disposed of as early as possible. In this application, the applicant is the
main complainant and no other person has claimed this amount. Moreover, he
has filed bank statement of his account from which account said money was
transferred in the account of accused. As per this ratio, said cash is liable to be
returned to the applicant. Though applicant is claiming return of cash of
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Rs. 1,21,611/-. As per the say of I.O., only cash of Rs.1,13,111/- and under lien
is recovered from the accused. Therefore, the entire seized amount i.e.
Rs.1,13,111/- is returned to the applicant on terms and conditions. Hence, I
pass following order.
-:	-: O R D E R	O R D E R :-	:-
1] Application is allowed.
2] The seized muddemal property i.e. cash of Rs.1,13,111/- be
handed over to applicant on executing indemnity bond of
Rs. 1,13,111 and bank guarantee of Rs.Rs.1,13,111/-.
3] The applicant should undertake that he shall not transfer, pledge
or any other way alienate the said muddemal till the final disposal
of the Crime No. 349/2024 of Kherwadi Police Station and
criminal case incidental there of.
4] The applicant is also directed to produce the said muddemal
property as and when ordered to do so.
5] The I.O. is directed to draw the proper panchanama and take out
two photographs of the muddemal property in order to establish
the identity for identification and evidence.
6] The applicant is also directed to produce his address proof.
7] Said application is to be affixed with Crime No.349/2024.
Date : 19.07.2024
ssl.
(S.S. Parkhi)
Judicial Magistrate (First Class),32nd Court,
Bandra, Mumbai.
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