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. 558/N/2024.
Complaint No.31909240136035
MHMM18-011929-2024
Nirmal Nagar Police Station.
Karishma Sunil Kamble … Applicant
V/s.
Sr. Inspector of Police,
(Nirmal Nagar Police Station) ...Respondent.
ORDER PASSED BELOW EXH.1
This application is filed by the applicant namely Karishma Sunil
Kamble for release of cash of Rs. 75,000/- lying with IDFC Bank and AU Bank,
which is seized by the Nirmal Nagar Police Station in connection with
Complaint No.31909240136035 which is under investigation by Nirmal Nagar
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 her contention regarding ownership, applicant has
filed on record true copy of complaint, transaction receipts, Bank statement,
Aadhar card alongwith her 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.50,000/- is debited from Axis Bank account No. 923010066652187 and
credited to IDFC bank account No.10193655350 and were again transfer to
account No. 211227040516582 of AU Bank, and Rs. 25,000/- is debited from
-- 1 of 2 --
Kotak Mahindra Bank account No.1112817753 and credited to IDFC Bank
No.10193655350, total amount of Rs.75,000/- is debited from the accounts of
applicant. 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 Rs.25,000/- hold in the account of IDFC Bank
No. 10193655350 be released and revert back to the account of the
applicant in Axis Bank account No. 923010066652187 IFSC Code
UTIB0000230 and Rs.50,000/- hold in the account of AU Bank
No.21122704051 be released and revert back to the account of the
applicant in Kotak Mahindra Bank No. 1112817753 IFSC Code
KKBK0001405, on executing indemnity bond of Rs. 1,00,000/- (In
words rupees One Lakh 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
Complaint No.31909240136035 of Nirmal Nagar Police Station and
criminal case incidental there of.
4 Said application is to be affixed with Complaint No.31909240136035.
Date : 23.11.2024
ssl.
(S.S. Parkhi)
Judicial Magistrate (First Class),
32nd Court, Bandra, Mumbai.
-- 2 of 2 --