Final Order 1

Order Details: Order Below EX 1
Pdf Text: Notice Case No. 879/N/2019 Dharavi Police Station
ORDER BELOW APPLICATION FOR RETURN OF PROPERTY
1] This is an application filed by applicant/accused for return of
property namely cash amount of Rs.85,260/ seized in C.R. No.199/2019
(C.C. No.2910/PS/2019) registered for the offence u/s.294, 114, 34 of
I.P.C. by Dharavi Police Station.
2] On the application say of respondent was called. The
Investigating Officer has filed say wherein no objection to handover
custody of seized property to the applicant on certain terms and conditions
is conveyed. Ld. APP filed say and submitted that the cash was under
crime. Hence, prayed to reject the application.
3] In support of application, the applicant has filed on record his
own affidavit and submitted that he is accused in the said case and
administrator and care taker of M/s. Hotel Discovery. He further submits
that he is legally owner of the said cash and he is ready to abide every
condition imposed by this Court. The applicant has annexed verified copy
of Aadhaar Card as proof of his identify and address.
4] Perused application, say of police and affidavit in support of
application. Heard advocate for applicant. At this stage except the
applicant there is no other claimant who has claimed the custody of seized
property. No purpose is likely to be served by keeping the said amount in
the custody of investigation agency till conclusion of trial as applicant will
be deprived from utilizing his own amount without having any fault on his
part. Therefore, the application for return of property certainly deserves to
be allowed as no prejudice is likely to be caused to the investigation
agency, if the same is handed over to the original owner. Hence, the
application deserves to be allowed on certain terms and conditions.
Therefore, I pass the following order :
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ORDER
1] The application is allowed.
2] The seized property namely cash amount of Rs.85,260/
seized in C.R. No.199/2019 (C.C. No.2910/PS/2019) by Dharavi Police
Station, be returned to Applicant Mr. Laxmikant Raju Shetty residing at R.
No.3, Manoj Apartment, Near Geeta Cinema, Worli Naka, Mumbai18 on
furnishing solvent surety of Rs.85,260/ (Rupees Eighty Five Thousand
Two Hundred and Sixty Only) with condition that :
a) The applicant shall deposit the amount of Rs.85,260/ in the
Court as and when directed by this Court in the future.
3] The Investigation Officer shall make detail panchanama of the
currency notes, stated in detail type of currency notes and its number. The
Investigating Officer is directed to take the above surety bond of applicant
and shall return the muddemal on due verification of applicant.
Investigating Officer further directed to file surety bond in the Court. On
filing of surety bond, it be attached with the chargesheet.
Order accordingly.
Mumbai
Date : 22/10/2020
(Jaydeo Y. Ghule)
Metropolitan Magistrate
12th Court, Bandra, Mumbai
*NKD
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