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. 375/N/2023
C.R. No. 59/2022.
Nirmal Nagar Police Station.
CNR - MHMM18-006589-2023
Rajesh Kapoorchand Jain … Applicant
V/s.
Sr. Inspector of Police,
(Nirmal Nagar Police Station) ...Respondent.
ORDER PASSED BELOW EXH.1
This application is filed by the applicant namely Rajesh
Kapoorchand Jain for release of cash of Rs. 42,000/- (Rupees Forty Two
Thousand only) which is seized by the Nirmal Nagar Police Station in
connection with Crime No.59/2022 registered with the Nirmal Nagar police
station for the offence punishable under section 420 of I.P.C.
2) Say was called from I. O., A.P.P & accused. The I.O. has given a no
objection. He has also informed the court that said amount is seized from one
Mayank Kumar Ajay Kumar Singh. Hence, his say is also called.
3. I.O. has given his no objection. Ld. APP prayed for appropriate
order. Notice was served to the accused through concern police station. Said
Postal receipts and Track reports filed on record. Accused absent and failed to
file his say.
3) In support of his contention regarding ownership of the said
amount, the applicant has filed self attested copies of tax invoice dt.
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11.09.2021, copy of bank transfer in bank account No. 7245882682, copy of
bank statement dated 15.06.2021 to 15.09.2021, Kotak Bank of Kapoorchand
Jasraj Parmar, copy of Aadhar card & xerox copy of FIR & statement alongwith
his affidavit. He is the complainant.
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 claimed this amount. As per this ratio,
said cash is returned to the applicant. Under such circumstances, 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.42,000/- be handed
over to applicant on executing indemnity bond of Rs. 42,000/- (In
words rupees Forty Two Thousand only) and bank guarantee of
Rs.50,000/-, in the police station.
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.59/2022 of Nirmal Nagar Police Station and
criminal case incidental there of.
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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.59/2022.
Date : 04.09.2024
ssl.
(S.S. Parkhi)
Judicial Magistrate (First Class),
32nd Court, Bandra, Mumbai.
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