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. :- 2201013/N/2018 C.R. No. 248/2017
1) Asif Rais Ahmad
2) Minjarul Hoque … Applicants
V/s.
The State of Maharashtra through
Sahar Police Station.
… Respondent/Non-applicant
ORDER BELOW APPLICATION FOR RETURN OF PROPERTY
VIZ. PASSPORT
The applicants seeking custody of passports.
The applicants submitted that police has seized above said
passports. Now the same are lying in the Police Station, and therefore,
they are seeking custody.
Ld. APP has filed her say and opposed the application.
The applicants have filed affidavit along-with supporting
documents. I do not find any justifiable/strong reason to reject the
application. In my opinion, passports can be returned by imposing
necessary conditions. Therefore, I proceed to pass the following order
in the interest of justice.
ORDER
1. Interim application is allowed.
2. The applicants shall furnish photo identity and proof of
permanent and local residential addresses.
3. The applicants shall undertake to produce the said passports
before the Court, as and when directed.
4. The I.O. to draw the panchanama and shall also take out
photographs of said passports.
[P.T.O.]
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5. On production of the copy of the release order from this Court,
the in-charge of concern Police Station shall release the interim custody
of the aforesaid articles to the applicant.
6. Copy of the this order be placed in concern C.R., for record
purpose.
7. Henceforth accused shall not use above articles for criminal
activities.
8. It will be duty and responsibility of accused to produce said
passports, if required during evidence of prosecution witnesses,
otherwise secondary evidence of the same will be admissible u/s. 65 of
the Indian Evidence Act.
9. Photocopies of said passports be kept on the record.
10. Issue release order accordingly.
Date: 07-12-2019
(S. C. Pathare)
Addl. Chief Metropolitan Magistrate,
22nd Court, Andheri, Mumbai.
*csj
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