Final Order 1

Order Details: Order
Pdf Text: IN THE COURT OF ADDL. CHIEF METROPOLITAN MAGISTRATE,
22ND COURT, ANDHERI, MUMBAI.
Notice No.139/N/2019
C. R. No. 354/2018
C.C.NO.3093/PW/18
Sahar Police Station.
Mrs. Shailaja Ambujackon Vasu … Applicant
V/s.
Sr. Inspector of Police,
(Sahar Police Station) ...Respondent.
ORDER BELOW APPLICATION FOR RETURN OF PROPERTY
VIZ. PASSPORT
An applicant / accused is seeking return of Passport
bearing no. S 3424627 seized by the Sahar Police Station in the
aforementioned crime. She is further submitted that the passport is not
concerned with the present case. She is in need of said passport.
Passport has been seized and it is in custody of I.O. She has submitted
that her passport is genuine and authentic. She had assured that she
will produce the passport as and when required. She will abide by the
conditions imposed on her. Hence, she has requested necessary order.
2. Ld. A.P.P. has objected for handing over the passport to
applicant as chargesheet is filed and passport is required during trial.
According to Ld. A.P.P., the accused cheated the immigration authority
and has objected to return the passport on the basis of probability of the
accused to jump the conditions.
3 I have gone through say of APP. The chargesheet is filed.
Accused is permanent resident of Kerala. Her passport is genuine. There
are no allegations in respect of the passport in alleged offence.
Applicant is rightful claimant of the passport. Considering the stage of
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trial and applicant's claim she is entitled for return of the passport on
some conditions. Hence, I pass the following order :
ORDER
i The application is allowed.
ii Passport bearing No. S 3424627 be temporarily returned
to accused by depositing cash security of Rs.30,000/ .
iii She is directed that she shall produce passport before the
court as and when directed. She shall not travel out of
India without intimation to court .
iv Verified copy of passport be annexed with chargesheet.
v Police to draw panchanama regarding the alleged forged
visa sticker of the passport and take two photographs of
the same and affixed it with the chargesheet.
vi This proceeding be attached with the chargesheet.
vii Inform to the concerned police station.
Sd/
(S.N.Salve)
Addl. Chief Metropolitan Magistrate,
22nd Court, Andheri, Mumbai.
Dt. 24/01/2019
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