Final Order 1

Order Details: Order below Ex-1
Pdf Text: IN THE COURT OF ADDL.CHIEF METROPOLITAN MAGISTRATE,
22nd COURT, ANDHERI, MUMBAI.
Notice No. 851/N/2018
C.C. No. : 1889/PW/2010
Cr. No. : 484/2010
Sahar Police Station
Mr.Rahul Pema @ Mohanbhai Machi … Applicant/accused
V/s.
Sr. Inspector of Police,
(Sahar Police Station). ...Respondent.
ORDER BELOW APPLICATION FOR RETURN OF PROPERTY
VIZ. PASSPORT
1. This is an application for return of property viz. passport
seized in Cr.No. 484/2010.
2. In short, it is the contention of the applicant/accused that
he has been arrested in connection with the aforesaid crime and during
the investigation his Passport bearing No. E3613494 came to be
seized. It is further contended by him that he faced the trial and this
Court acquitted him on 16.08.2014. Lastly, it is prayed to return the
passport. He is ready to abide all the terms & conditions imposed by the
Court. Lastly, he prayed to return the passport.
3. Perused the say of A.P.P. for the State. A.P.P. submitted
that, as per this application, it seems that applicant/accused is acquitted
on 16.07.2014. The appeal period is over. It is submitted that as per
law necessary order be passed. I.O. has not filed say.
4. I have heard Ld. Counsel for the accused/applicant and the
Ld. A.P.P. for the State.
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5. I have gone through the application, affidavit filed in
support of it and copy of passport placed on record. It is seen from the
record that the said passport was the subject matter of the crime. The
said matter was prosecuted bearing C.C. No. 1889/PW/2010 and the
applicant accused person was acquitted in the said case.
6. It is noteworthy that the Hon'ble Court my Predecessor has
observed that “..none of the offences came to be proved and established
on behalf of the prosecution against the accused. In absence of specific
evidence supported by document, it cannot be said that accused persons
were involved in forgery and cheating. The allegations that passport
was obtained by accused being fake and fictitious, was not proved.”
Hence, it is not proved that the passport in question is a forged
document.
7. The accused is ready to abide all the terms & conditions
imposed by the Court. Having considered all these facts no purpose is
likely to be served by withholding the passport of the accused. The
apprehension of the prosecution that if the passport is returned the
accused may not come back can be taken care of by taking security. In
the result, I pass the following order :
O R D E R
1. The application is allowed.
2. Interim possession of passport seized by Sahar Police Station in
Cr.No.484/2010 be returned to applicant Mr.Rahul Pema @ Mohanbhai
Machi R/at : House No.12/18, Kolimar Sheri, Neni Daman396210 on
his entering 'Supurtnama' Bond of Rs.50,000/ (Rs. Fifty Thousand
only)
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...3... Notice Case No.851/N/2018
Order below Exh.1, contd.
3. The applicant is hereby directed that he should not change
the passport, not modify or alter the nature of the aforesaid passport,
without prior permission of the Court or till final disposal of case filed,
through appeal, if any.
4. The applicant is directed to produce the passport whenever
ordered by the Court and police.
5. Issue letter to Sahar Police Station accordingly.
Date : 23.08.2021
Sd/
(A. A. Panchbhai)
Addl. Chief Metropolitan Magistrate,
22nd Court, Andheri, Mumbai.
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