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. 442/N/2024.
Cyber case No.31904240058565/2024
MHMM18-009239-2024
Kherwadi Police Station.
SK Golam Dastagir … Applicant
V/s.
Sr. Inspector of Police,
(Kherwadi Police Station) ...Respondent.
ORDER PASSED BELOW EXH.1
This application is filed by the applicant namely SK Golam
Dastagir for release of cash of Rs. 10,349/- which is seized by the Kherwadi
Police Station in connection with Cyber case No.31904240058565/2024 which
is under investigation by Kherwadi 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 xerox copies of complaint, bank statement, self attested copy of
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. 10,349/- is debited from the account of the applicant. The same is credited
in the beneficiary account number 411013936281 of Fino Payment Bank. Said
amount is on hold by the police authority. At this juncture no other person has
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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. 10,349/- is on hold in the account number
20347739741 of Fino Payment Bank be released and the amount be
reverted back to the account of the applicant in State Bank of India
bearing No. 38439600077 IFSC No.SBIN0012440 on executing
indemnity bond of Rs. 11,000/- (In words rupees Eleven 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.31904240058565/2024 of Kherwadi Police Station and
criminal case incidental there of.
4 Said application is to be affixed with Cyber case
No.31904240058565/2024.
Date : 06.09.2024
ssl.
(S.S. Parkhi)
Judicial Magistrate (First Class),
32nd Court, Bandra, Mumbai.
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