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. 560/N/2024.
CR No. 605/2023
MHMM18-011807-2024
Kherwadi Police Station.
Vikas Dattajirao Naiknavare … Applicant
V/s.
1. Sr. Inspector of Police,
(Kherwadi Police Station)
2. Nodal Officer, Kotak Mahindra Bank
...Respondents.
ORDER PASSED BELOW EXH.1
This application is filed by the applicant namely Vikas Dattajirao
Naiknavare for defreeze account No.7348538103 for Rs.1,00,000/-,
7348558323 for Rs.1,49,997/-, 7348590743 for Rs.50,000/-, 7448313433 for
Rs.50,000/-, 7448325740 for Rs. 1,50,000/-, 7448339631 for Rs.1,00,000/- of
Kotak Mahindra Bank, total amount of Rs.5,99,997/- and seeking permission
to transfer the said amount in applicant’s Bank i.e. The Pandharpur Urban Co-
Op. Bank Ltd., IFSC Code PUCB0000015. Said amount is seized by the
Kherwadi Police Station in connection with CR No. 605/2023 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 xerox copy of FIR, statement, Aadhar card and copy of bank
statement alongwith his affidavit.
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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. 5,99,997/- is debited from the Axis Bank account of applicant bearing
No.920010071536291 by way of online transfer to different accounts in Kotak
Mahindra Bank. Said 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 total amount of Rs. 5,99,997/- is hold in the
account No. 7348538103, 7348558323, 7348590743, 7448313433,
7448325740 and 7448339631 of Kotak Mahindra Bank, be released
and revert back to the account of the applicant in The Pandurang
Urban Co-operative Bank Ltd., Pandharpur Branch, Account No.
500150034002948 IFSC Code PUCB000015, on executing indemnity
bond of Rs. 6,00,000/- (In words rupees Six Lakhs only), in the police
station.
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3 The applicant should undertake that he shall not transfer, pledge or any
other way alienate the said muddemal till the final disposal of the CR
No. 605/2023 of Kherwadi Police Station and criminal case incidental
there of.
4 Said application is to be affixed with CR No. 605/2023.
Date : 23.11.2024
ssl.
(S.S. Parkhi)
Judicial Magistrate (First Class),
32nd Court, Bandra, Mumbai.
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