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. 406/N/2024.
complaint No.31903240041937
MHMM18-008782-2024
Nirmal Nagar Police Station.
Aejaz Ali Jafri S/o. Abid Husain Jafri … 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 Aejaz Ali Jafri
S/o. Abid Husain Jafri for release of cash of Rs. 77,967/- lying with Punjab
National Bank, which is seized by the Nirmal Nagar Police Station in
connection with Cyber case No. 31903240041937 which is under investigation
by Nirmal Nagar Police Station.
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 self attested bank statements, complaint, Aadhar card alongwith his
affidavit.
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.
5) In this application, the applicant is the informant. The amount of
Rs. 77,967/- is debited from the account of applicant and credited to account
No. 190900210002 and 069510210000 of Punjab National Bank. This amount
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is on hold by the police authority. At this juncture no other person has claimed
this amount. The custody is an interim custody. The applicant is bound to
maintain the same till final disposal of the crime. I do not find any legal
hindrance in allowing the application. As per the ratio mentioned above said
cash is returned to the applicant in the interest of the justice as prayed. Under
these circumstances, pass the following order :-
-:	-: O R D E R	O R D E R :-	:-
1 Application is allowed as prayed in the interest of the justice.
2 The interim custody of Rs. 77,967/- is on hold in the account number
190900210002 and 069510210000 of Punjab National Bank be
released and the amount be reverted back to the account of the
applicant in Union Bank of India bearing No. 318702010039436 IFSC
No.UBIN0531871 on executing indemnity bond of Rs. 80,000/- (In
words rupees Eighty Thousand only), in the police station.
3 The applicant should undertake that she shall not transfer, pledge or
any other way alienate the said muddemal till the final disposal of the
Cyber case No.31903240041937 of Nirmal Nagar Police Station and
criminal case incidental there of.
4 Said application is to be affixed with Cyber case No.31903240041937.
Date : 06.09.2024
ssl.
(S.S. Parkhi)
Judicial Magistrate (First Class),
32nd Court, Bandra, Mumbai.
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