Final Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No. 541/N/2023
Sheshnath V/s. Santacruz P. Stn.
ORDER
1. This is an application filed for return of cash amount of
R.80,000/- seized in the crime registered by Santacruz Police Station in
connection with C. R. No.901/2023 punishable under section 454, 457,
380 of I.P.C.
2. I.O. has given no objection to return the seized cash
amount to the applicant. Ld. A.P.P. raised objection to release the seized
muddemal.
3. Admittedly seized cash amount belongs to the applicant.
The contention of the applicant is well supported by his affidavit.
Applicant in support of his contention has produced xerox copies of
F.I.R. and his Aadhar Card, PAN Card, Bank Statement issued by HDFC
Bank. There is no rival claim by any person in respect of the seized cash
amount. Custody of the cash amount is not required for further
investigation. In such circumstances, no good purpose would serve
keeping the said cash amount further in custody. Applicant is entitled to
receive the seized cash amount. In the result, following order is
passed :-
ORDER
1. The custody of cash amount of R.80,000/- seized in
the crime registered by Santacruz Police Station in
connection with C. R. No.901/2023 punishable
under section 454, 457, 380 of I.P.C. be returned to
the applicant on furnishing indemnity bond of
R.80,000/-.
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2. The Investigating Officer is directed to draw
panchmana of the seized currency notes showing
denomination of currency notes and produce the
same with indemnity bond of applicant along with
final report.
3. The applicant shall submit undertaking that, in case
court concluded at the end of trial that, the said
amount is not entitled to receive then he will have
to deposit the said amount in the court.
Mumbai
Date : 22/12/2023.
SRD
Sd/-
Metropolitan Magistrate,
71st Court, Bandra, Mumbai.
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