Final Order 1

Order Details: Order
Pdf Text: IN THE COURT OF ADDL. CHIEF METROPOLITAN MAGISTRATE,
22ND COURT, ANDHERI, MUMBAI.
C. C. No. 135/PW/2018 Notice No. 2201316/N/2018
C. R. No. 118/2017 Sahar Police Station
Mohammad Anis s/o Mohammad Shakir … Applicant
V/s.
Sr. Inspector of Police,
(Sahar Police Station) ...Respondent.
ORDER BELOW APPLICATION FOR RETURN OF PROPERTY
VIZ. PASSPORT
An applicant / accused Mohammad Anis s/o
Mohammad Shakir is seeking return of Passport bearing no.P5788393
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. I.O. has been filed chargesheet
as the case is under trial. APP has objected the application on the
ground that passport is required during investigation. According to I.O.,
the accused cheated the immigration authority. I.O. has also objected to
return the passport on the basis of probability of the accused to jump
the conditions.
-- 1 of 2 --
..2..
3 I have gone through say of APP and I.O. The investigation
is in progress. Accused is permanent resident of Azamgarh, 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. 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 P5788393 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 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. 09/01/2019
app
-- 2 of 2 --