Final Order 1

Order Details: Order Below EX 1
Pdf Text: Notice Case No. 687/N/2019 Shahu Nagar Police Station
ORDER BELOW APPLICATION FOR RETURN OF PROPERTY
1] This is an application filed by applicant for return of property
namely cash of Rs.10,000/ seized in C.R. No.104/2018 u/s.420, 403 of
I.P.C. r/w. Sec. 66(D), 66 (C) of I. T. Act by Shahu Nagar Police Station.
2] On the application say of respondent was called. The
Investigating Officer and Ld. APP filed say wherein no objection to handover
custody of seized property to the applicant on certain terms and conditions is
conveyed.
3] In support of application, the applicant has filed on record his
own affidavit and submitted that he is lawful owner of the said cash amount
seized by police and ready to abide every condition imposed by this Court.
4] Perused application, documents filed on record, say of police
and affidavit in support of application. Heard advocate for applicant. Perusal
of First Information Report dated 10/04/2018 shows the applicant to be the
original informant on whose report crime is registered. In his complaint he
has stated that the accused has cheated for the amount of Rs.49,000/. The
applicant has annexed verified copy of Aadhaar Card as proof of his identify
and address.
5] At this stage except the applicant there is no other claimant who
has claimed the custody of seized property. No purpose is likely to be served
by keeping the said amount in the custody of investigation agency till
conclusion of trial as applicant will be deprived from utilizing his own
amount without having any fault on his part. Therefore, the application for
return of property certainly deserves to be allowed as no prejudice is likely to
be caused to the investigation agency, if the same is handed over to the
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original owner. Hence, the application deserves to be allowed on certain
terms and conditions. Therefore, I pass the following order :
ORDER
1] The application is allowed.
2] The seized property namely cash of Rs.10,000/ seized in C.R.
No.104/2018 u/s.420, 403 of I.P.C. r/w. Sec. 66(D), 66 (C) of I. T. Act by
Shahu Nagar Police Station, be returned to Applicant Mr. Sanjay Hanumanta
Kunchikurve residing at Room No. BMC/57, Sonapur Lane and 90 Feet
Road, near Hindu Smashan Bhumi, Kamla Nehru Nagar, Dharavi, Mumbai
17 on executing indemnity bond of Rs.20,000/ (Rupees Twenty Thousand
Only) with condition that :
a) The applicant shall deposit the amount of Rs.10,000/ in the
Court as and when directed by this Court in the future.
3] The Investigation Officer shall make detail panchanama of the
currency notes, stated in detail type of currency notes and its number. The
Investigating Officer is directed to take the above indemnity bond of
applicant and shall return the muddemal on due verification of applicant.
Investigating Officer further directed to file indemnity bond in the Court. On
filing of indemnity bond, it be attached with the chargesheet.
Order accordingly.
Mumbai
Date : 13/02/2020
(Jaydeo Y. Ghule)
Metropolitan Magistrate
12th Court, Bandra, Mumbai
*NKD
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