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. 517/N/2024.
CR No. 386/2024
MHMM18-011033-2024
Kherwadi Police Station.
Eahatesham Ahmed Khan … Applicant
V/s.
Sr. Inspector of Police,
(Kherwadi Police Station) ...Respondent.
ORDER PASSED BELOW EXH.1
This application is filed by the applicant namely Eahatesham
Ahmed Khan for release of cash of Rs. 56,710/- lying with Bank of India, HDFC
Bank, SBI, which is seized by the Kherwadi Police Station in connection with
CR No. 386/2024 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 record copy of Aadhar card, FIR, statement, Bank account statement
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.42,300/- is debited from the account of applicant and credited to account
No. 730510100017265 of Bank of India, Rs.10,000/- is debited from the
account of applicant and credited to account No.57500000403944 of HDFC
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Bank, Rs.2,000/- is debited from the account of applicant and credited to
account No. 50100204994930 of HDFC Bank, Rs.350/- is debited from the
account of applicant and credited to account No.50100474929341 of HDFC
Bank, Rs.1,000/- is debited from the account of applicant and credited to
account No.50100488723213 of HDFC Bank, Rs.1,000/- is debited from the
account of applicant and credited to account No.34238418936 of SBI Bank
and Rs.60/- is debited from the account of applicant and credited to account
No. 64131492101 of SBI Bank, Total amount of Rs.56,710/- is debited from
the account of applicant and credited to different accounts in different banks.
This amount is on hold by the police authority. At this juncture no other person
has 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.42,300/- is debited from the account of
applicant and credited to account No. 730510100017265 of Bank of
India, Rs.10,000/- is debited from the account of applicant and
credited to account No.57500000403944 of HDFC Bank, Rs.2,000/- is
debited from the account of applicant and credited to account No.
50100204994930 of HDFC Bank, Rs.350/- is debited from the account
of applicant and credited to account No.50100474929341 of HDFC
Bank, Rs.1,000/- is debited from the account of applicant and credited
to account No.50100488723213 of HDFC Bank, Rs.1,000/- is debited
from the account of applicant and credited to account
No.34238418936 of SBI Bank and Rs.60/- is debited from the account
of applicant and credited to account No. 64131492101 of SBI Bank,
Total amount of Rs.56,710/- be released and the amount be reverted
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back to the account of the applicant in SBI Bank bearing No.
34646708541 IFSC No.SBIN0000075 on executing indemnity bond of
Rs. 60,000/- (In words rupees Sixty 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
CR No. 386/2024 of Kherwadi Police Station and criminal case
incidental there of.
4 Said application is to be affixed with CR No. 386/2024.
Date : 24.10.2024
ssl.
(S.S. Parkhi)
Judicial Magistrate (First Class),
32nd Court, Bandra, Mumbai.
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