Final Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No. 325/N/2024
Priyanka V/s. Santacruz P. Stn.
ORDER
1. This is an application filed for transfer the in her Bandhan
bank account No.522100591369, cash amount of R.38,000/- freezed lying
with the 1] State Bank of India (Branch Bankura, West Benal) account
bearing No.33060015977, 2] State Bank of India (Branch Gautam Buddha
Nagar, Uttar Pradesh) account bearing No.00000042703521285, 3] Axis
Bank (Branch Allahabad, State Uttar Pradesh) account bearing
No.924010006063515 and 4] Bank of Baroda (Branch Allahabad, State
Uttar Pradesh) account bearing No. 13370100021174 freezed by the
Santacruz police station under the provision of Cyber Crime,
Acknowledgment No.21904240031227.
2. I.O. did not object to transfer the freezed cash amount in the
bank of the applicant. Ld. A.P.P. objected to release the cash, as it requires
for trial.
3. Admittedly, seized cash belongs to the applicant. Applicant in
support of her contention has produced xerox copies of Cyber Crime
complaint Acknowledgment, her Bandhan Bank account details, her PAN
Card and her Aadhar Card. Application is well supported by affidavit of
applicant. Custody of the freezed cash amount is not required for further
investigation. In such circumstances, no good purpose would serve keeping
the said cash amount further in custody. For the apprehension of Ld. A.P.P.
condition can be imposed. Applicant is entitled to receive the seized cash
amount only. In the result, following order is passed :-
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ORDER
1. The application is allowed.
2. The custody of cash amount of cash amount of R.38,000/-
freezed lying with the 1] State Bank of India (Branch
Bankura, West Benal) account bearing No.33060015977,
2] State Bank of India (Branch Gautam Buddha Nagar,
Uttar Pradesh) account bearing No.00000042703521285,
3] Axis Bank (Branch Allahabad, State Uttar Pradesh)
account bearing No.924010006063515 and 4] Bank of
Baroda (Branch Allahabad, State Uttar Pradesh) account
bearing No. 13370100021174 freezed by the Santacruz
police station under the provision of Cyber Crime,
Acknowledgment No.21904240031227. be transfer to the
applicant’s Bandhan bank account No.522100591369, on
furnishing indemnity bond of R.38,000/-.
3. The Investigating Officer is directed to draw panchmana
and produce the same with indemnity bond of applicant
alongwith the final report.
4. The applicant shall submit undertaking that, in case court
concluded at the end of trial that, the said amount is not
entitled to receive by it then she will have to deposit the
said amount in the court.
Mumbai
Date : 18/06/2024.
SRD
Sd/-
Metropolitan Magistrate,
71st Court, Bandra, Mumbai.
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