Final Order 1

Order Details: Order Below EX 1
Pdf Text: C.C. No. : 853/N/2019
Application for Return of Property
1. Read the application. The applicant / informant claimed that the informant
deposited the money in the bank account of the accused to get the admission of his
son in the medical college but, the accused cheated. Police recovered the amount of
Rs.3,50,000/ from the custody of accused. Therefore, the applicant prayed to
return the same.
2. Ld. APP filed the say underneath the application and submitted that offence
has been committed in respect of property claimed by the applicant and its
production is required during trial. Hence, kindly conditions may imposed upon the
applicant to produce whenever required and not to tamper with it. Similarly, I.O.
may also directed to take a bond of the applicant, prepare panchanama before
handing over property to the applicant and submit alongwith the charge sheet. I.O.
submitted that during investigation he found that the amount belongs to the
informant and submitted that during investigation, cash amount of Rs.3,50,000/
was recovered from the accused and he has no any objection to return the said
property to the applicant. Notice issued to the accused and it was duly served. As
per police report, dtd. 02.01.2020 police served the notice to the accused. The
accused is absent. Proceed without say.
3. Heard the Ld. Counsel for the applicant. In the affidavit, applicant has stated
that he has deposited the amount in the bank account of accused to get the
admission of his son in medical college. The accused cheated. The police
recovered the amount. The notice of application is duly served to the accused.
But, the accused has
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not submitted any say. As per submission of I.O. and APP, the police is directed to
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prepare the panchanama of said notes and filed alongwith photographs with the
charge sheet. Hence, on the conditions, interim custody be given to the applicant.
With the result, I pass the following order :
O R D E R
The Inspector of Khar Police Station, if in possession of the cash amount
mentioned in the application, shall hand over the same to the present applicant.
Before that the applicant to furnish Indemnity Bond for Rs.3,50,000/ (Rupees
Three Lakhs Fifty Thousand Only) undertaking to the effect that,
(a) Applicant will not alienate, destroy, give on rent or part with the possession of
the above property,
(b) Applicant will produce the property before the Police Station or the Court
as directed by this Court.
c) That the applicant to furnish photographs of the denomination of currency
notes to the police station, which later on to be filed alongwith the charge sheet in
the Court by the police.
sd/
( P. V. Bulbule )
Addl. Chief Metropolitan Magistrate,
Dt.24.01.2020 9th Court, Bandra, Mumbai.
Kkg
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