Final Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No. 512/N/2023
Mayura V/s. B.K.C. P. Stn.
ORDER
1. This is an application filed for return of cash amount of R.
50,000/- (Fifty Thousand) seized in the crime by B.K.C. Police Station
in C. R. No. 956/2022 registered under section 380 of I.P.C.
2. I.O. did not object to return the seized cash only to the
applicant. 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 F.I.R., his
Aadhar Card and Power of Attorney in respect of hand over cash
amount to Mrs. Prachi Bandekar Singh. Application is well supported by
affidavit of applicant and pursis in respect of I 28,000/- be allowed, as
it only seized out of I50,000/- (Fifty Thousand). 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 partly allowed.
2. The custody of cash amount of R.28,000/- (Twenty Eight
Thousand only) seized in the crime by B.K.C. Police
Station in C. R. No.956/2022 registered under section
380 of I.P.C .etc. be returned to the applicant (Power of
Attorney Holder) on furnishing indemnity bond of
R.28,000/- (Twenty Eight Thousand only).
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3. The Investigating Officer is directed to draw panchmana
of the seized notes and produce the same with indemnity
bond of applicant in final report.
4. The applicant/ Power of Attorney Holder shall submit
undertaking that, in case court concluded at the end of
trial that, the said amount is not entitled to receive by it
then it will have to deposit the said amount in the court.
Mumbai
Date : 12/02/2024.
SRD
Sd/-
Metropolitan Magistrate,
71st Court, Bandra, Mumbai.
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