Final Order 2

Order Details: Order Below EX 1
Pdf Text: IN THE COURT OF JUDICIAL MAGISTRATE (FIRST CLASS),
32ND COURT, BANDRA, MUMBAI.
Notice No. 281/N/2024.
complaint No. 31904240057550
MHMM18-006806-2024
Nirmal Nagar Police Station.
Sabina Banu Gufran Mansuri … 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 Sabina Banu
Gufran Mansuri for defreeze account No.00000042518982282 State Bank of
India for amount of Rs.37,727/- and seeking permission to transfer the said
amount in applicant’s Bank of Baroda Account No.03840100028730 IFSC Code
BARB0BANDRA Branch Bandra West. Said amount is seized by the Nirmal
Nagar Police Station in connection with Cyber complaint No.31904240057550
which is under investigation by Nirmal Nagar Police Station.
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 record online cyber complaint, verified copies of bank statement,
Aadhar card and PAN card alongwith his affidavit.
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.
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5) In this application, the applicant is the informant. The amount of
Rs. 37,727/- is hold in the account No.00000042518982282 State Bank of
India. This amount is on hold by the police authority. At this juncture no other
person has claimed this amount. The custody is an interim custody. The
applicant is bound to maintain the same till final disposal of the crime. I do not
find any legal hindrance in allowing the application. As per the ratio
mentioned above said cash is returned to the applicant in the interest of the
justice as prayed. Under these circumstances, pass the following order :-
-:	-: O R D E R	O R D E R :-	:-
1 Application is allowed as prayed in the interest of the justice.
2 The interim custody of Rs. 37,727/- is hold in the account No.
00000042518982282 State Bank of India be released and revert back to
the account of the applicant in Bank of Baroda Account
No.03840100028730 IFSC Code BARB0BANDRA Branch Bandra West,
on executing indemnity bond of Rs. 40,000/- (In words rupees Forty
Thousand only), 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
Cyber case No.31904240057550 of Nirmal Nagar Police Station and
criminal case incidental there of.
4 Said application is to be affixed with Cyber case No.31904240057550.
Date : 25.10.2024
ssl.
(S.S. Parkhi)
Judicial Magistrate (First Class),
32nd Court, Bandra, Mumbai.
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