Final Order 1

Order Details: Order
Pdf Text: IN THE COURT OF ADDL. CHIEF METROPOLITAN MAGISTRATE,
22ND COURT, ANDHERI, MUMBAI.
Notice No.273/N/2019
C. R. No. 33/2019
Sahar Police Station.
Mr. Amit Chandrabhan Jaiswal … 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. R3424340 seized by the Sahar Police Station in the
aforementioned crime. He is further submitted that the passport is not
concerned with the present case. He is in need of said passport.
Passport has been seized and it is in custody of I.O. He has submitted
that his passport is genuine and authentic. He had assured that he will
produce the passport as and when required. He will abide by the
conditions imposed on them. Hence, he has requested necessary order.
2. I.O. has objected for handing over the passport to applicant
as investigation is yet not completed. APP has objected the application
on the ground that the accused had committed an offence u/sec. 420 of
I.P.C. I.O. has also 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 and I.O. The investigation
is in progress. Accused is permanent resident of Uttar Pradesh. His
passport is genuine. There are no allegations in respect of the passport
in alleged offence. Applicant is rightful claimant of the passport.
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Considering the stage of trial and applicant's claim he 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. R3424340 be temporarily returned
to accused by depositing cash security of Rs.30,000/ .
iii He is directed that he shall produce passport before the
court as and when directed. He 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
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. 22/02/2019
ASD
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