Final Order 1

Order Details: Order Below EX 1
Pdf Text: IN THE COURT OF JUDICIAL MAGISTRATE (FIRST CLASS),
32ND COURT, BANDRA, MUMBAI.
Notice No. 361/N/2024.
C.R. No. 169/2024.
MHMM18-008477-2024
Nirmal Nagar Police Station.
Dayalsingh S/o. Premsingh Rathod … Applicant
V/s.
Sr. Inspector of Police,
(Nirmal Nagar Police Station) ...Respondent.
ORDER PASSED BELOW EXH.1
This application is filed by the applicant namely Dayalsingh S/o.
Premsingh Rathod for release of cash of Rs. 16,500/- which is seized by the
Nirmal Nagar Police Station in connection with Crime No.169/2024 registered
with the Nirmal Nagar police station for the offence punishable under section
454, 457, 380 of I.P.C.
2) Say was called from I. O. and A.P.P. The I.O. has given his no
objection. The learned APP prayed for appropriate order.
3) In support of his contention regarding ownership, applicant has
filed on verified copies of Aadhar card & xerox copy of FIR & statement
alongwith his affidavit. He is the original complainant of said crime.
4) In the matter of
Sunderbhai Ambalal Desai V/s. State of Gujrath,
AIR 2003, SC 638 the Hon'ble Supreme Court has laid down certain guidelines
as to the property which is seized by the police during the investigation, which
is to be disposed of as early as possible. In this application, the applicant is the
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main complainant and no other person claimed this amount. As per this ratio,
said cash is returned to the applicant. Under such circumstances, I pass
following order.
-:	-: O R D E R	O R D E R :-	:-
1] Application is allowed.
2] The seized muddemal property i.e. cash of Rs.16,500/- be handed
over to applicant on executing indemnity bond of Rs. 16,500/- (In
words rupees Sixteen Thousand Five Hundred only), in the police
station.
3] The applicant should undertake that he shall not transfer, pledge
or any other way alienate the said muddemal till the final disposal
of the Crime No. 169/2024 of Nirmal Nagar Police Station and
criminal case incidental there of.
4] The applicant is also directed to produce the said muddemal
property as and when ordered to do so.
5] The I.O. is directed to draw the proper panchanama and take out
two photographs of the muddemal property in order to establish
the identity for identification and evidence.
6] The applicant is also directed to produce his address proof.
7] Said application is to be affixed with Crime No.169/2024.
Date : 12.07.2024
ssl.
(S.S. Parkhi)
Judicial Magistrate (First Class),32nd Court,
Bandra, Mumbai.
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