Final Order 1

Order Details: Order Below EX 1
Pdf Text: CNR NO.MHMM18-008842-2024 C. C. No. 420/N/2024
Dilip V/s. Vakola P. Stn.
ORDER
1. This is an application filed for return of cash amount of
I.10,000/- freezed by Vakola police (Cyber Police Portal) complaint
No.31906240088482/2024, registered under the provision of Cyber
Crime, lying with following banks.
Sr. No. Name of Bank Account No.
1 Axis Bank. 924010014967652
2. I.O. did not object to credit the seized cash to the
applicant’s bank account from the accounts of beneficiary. Ld. A.P.P.
objected to release the cash, as it requires for trial.
3. Admittedly, seized cash belongs to the applicant. Applicant
in support of his contention has produced xerox copies of Cyber Crime
complaint, debit and credit account details and his Aadhar Card.
Application is well supported by affidavit of applicant. Custody of the
seized cash amount is not required for further investigation. In such
circumstances, no good purpose would serve keeping the said cash
amount further in custody. For the apprehension of Ld. A.P.P. condition
can be imposed. Applicant is entitled to receive the seized cash amount
only. In the result, following order is passed :-
ORDER
1. The application is allowed.
2. The custody of cash amount of I.10,000/- freezed by Vakola
police (Cyber Police Portal) complaint No.31906240091635,
registered under the provision of Cyber Crime, lying with
following banks.
Sr. No. Name of Bank Account No.
1 Axis Bank. 924010014967652
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be credited in the applicant’s bank i.e. Union Bank of India
account No.520101220479913, on furnishing indemnity bond
of R.10,000/-/-.
3. The Investigating Officer is directed to draw panchmana and
produce the same with indemnity bond of applicant alongwith
the final report.
4. The applicant shall submit undertaking that, in case court
concluded at the end of trial that, the said amount is not
entitled to receive by him then he will have to deposit the said
amount in the court.
Mumbai
Date : 17/08/2024.
SRD
Sd/-
Metropolitan/Judicial Magistrate,
(First Class), 71st Court, Bandra, Mumbai.
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