Final Order 1

Order Details: Order Below EX 1
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ORDER BELOW APPLICATION FOR RETURN OF PROPERTY IN
C. C.NO.843/N/2019 ARISING OUT OF C.R.NO.186/2019 OF BKC
POLICE STATION.
1. The application is filed by the applicant for return of
property i.e. passport seized by BKC Police station in C.R.No.186/2019
registered u/sec.420, 406 of IPC.
2. The I.O. opposed the application on the ground that the
applicant will not be available for the trial.
3. On perusal of the say of I.O. it appears that the passport of
the applicant/accused was seized. The applicant/accused relied on
Ssuresh Nanda V/s. CBI Criminal Appeal No. 179/2008 wherein it is
observed that the court has no power to impound a passport. Relying
on it, the applicant is praying for return of passport. The passport is not
required for the purpose of the investigation. Keeping the passport in
custody of the police station for further period is not necessary. Thus, it
will be proper to return the same to the applicant. He is ready to abide
by the conditions that may be imposed on him. In the result, following
order is passed:
ORDER
1. The application is allowed.
2. The custody of passport seized by BKC Police station in
C.R.No.186/2019 registered u/sec.420, 406 of IPC, be handed
over to the applicant.
3. The applicant is directed to produce the said passport as and
when required by this court for perusal.
4. The applicant should obtain prior permission of this court before
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traveling abroad.
5. The applicant is directed to produce verified copies of passport on
record.
(Pragati B. Yerlekar)
Metropolitan Magistrate,
Date: 06.01.2020 71st Court, Bandra,Mumbai
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