Final Order 1

Order Details: Order Below EX 1
Pdf Text: CNR NO.MHMM18-009560-2024 C. C. No. 458/N/2024
Raj V/s. B.K.C. P. Stn.
ORDER
1. This is an application filed for return of cash amount of
R.61,997/- seized in the crime by B.K.C. Police Station in C. R. No.
882/2024 registered under section 419, 420 of I.P.C. r/w 66(c), 66(d)
of I. T. Act.
2. I.O. did not object to return the only seized cash 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
Election Identity Card and Union Bank of India transactions detail.
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 only seized cash
amount. In the result, following order is passed :-
ORDER
1. The application is allowed.
2. The custody of cash amount of R.61,997/- seized in the
crime by B.K.C. Police Station in C. R. No.882/2024
registered under section 419, 420 of I.P.C. r/w 66(c),
66(d) of I. T. Act. be returned to the applicant on
furnishing indemnity bond of R.65,000/-.
3. The Investigating Officer is directed to draw panchmana
of the seized muddemal and produce the same with
indemnity bond of applicant alongwith final report.
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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 : 16/08/2024.
SRD
Sd/-
Metropolitan/Judicial Magistrate,
(First Class), 71st Court, Bandra, Mumbai.
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