Final Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No. 328/N/2024
Jay V/s. Vakola P. Stn.
ORDER
1. This is an application filed for transfer the amount in his
Central Bank of India account account bearing No.3857160672 and Bank
of Baroda account bearing No.71240100000918, cash amount of
R.79,960/- freezed lying with the 1] Bank of Baroda account bearing
No.13750200000206, 2] Bank of Baroda account bearing
No.06398100026107, 3] Bank of Baroda account bearing
No.13720100005417, 4] HDFC Bank account bearing
No.501001807087777, 5] Bank of Baroda account bearing No.
44598100011685 and 6] Punjab National Bank account bearing No.
8724000100038621 freezed by the B.K.C. police station under the
provision of Cyber Crime, Acknowledgment No.31905240071793.
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 his contention has produced xerox copies of Cyber Crime
complaint Acknowledgment, his Central Bank of India account details,
payment details, his and his wife’s Aadhar Cards. 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.79,960/-
freezed lying with the 1] Bank of Baroda account bearing
No.13750200000206, 2] Bank of Baroda account bearing
No.06398100026107, 3] Bank of Baroda account bearing
No.13720100005417, 4] HDFC Bank account bearing
No.501001807087777, 5] Bank of Baroda account
bearing No. 44598100011685 and 6] Punjab National
Bank account bearing No. 8724000100038621, freezed by
the B.K.C. police station under the provision of Cyber
Crime, Acknowledgment No.31905240071793 be transfer
to the applicant’s Central Bank of India account account
bearing No.3857160672 and Bank of Baroda account
bearing No.71240100000918, on furnishing indemnity
bond of R.79,960/-.
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 him/her then he/she will have to
deposit the said amount in the court.
Mumbai
Date : 19/06/2024.
SRD
Sd/-
Metropolitan Magistrate,
71st Court, Bandra, Mumbai.
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