Final Order 1

Order Details: Order
Pdf Text: IN THE COURT OF ADDL. CHIEF METROPOLITAN MAGISTRATE,
22ND COURT, ANDHERI, MUMBAI.
Notice No. 22001609/N/2018 C. R. No. 148/2018
C. C. No. 2010/PW/2018
Sahar Police Station.
Bhumin S. Patel … Applicant
V/s.
Sr. Inspector of Police,
(Sahar Police Station) ...Respondent.
ORDER BELOW APPLICATION FOR RETURN OF EMERGENCY
CERTIFICATE
1. An applicant / accused is seeking return of
Emergency Certificate bearing no. X0684566 seized by the Sahar Police
Station in the aforementioned crime. He is further submitted that the
emergency certificate is not concerned with the present case. He is in
need of said E.C, Emergency certificate been seized and it is in custody
of I.O. He had assured that he will produce the emergency certificate 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 emergency certificate
to applicant as investigation is yet not completed. APP has objected the
application on the ground that emergency certificate is required during
investigation. According to I.O., the accused cheated the immigration
authority. I.O. has also objected to return the E.C. 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 A20, Ayodhya Nagari
society, Chenapur Road, Ahmadabad, Gujarat. There are no allegations
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in respect of the return of emergency certificate in alleged offence.
Applicant is rightful claimant of the said certificate. Considering the
stage of trial and applicant's claim he is entitled for return of the
emergency certificate on some conditions. Hence, I pass the following
order :
ORDER
i The application is allowed.
ii Emergency Certificate bearing no. X0684566 be
temporarily returned to accused by depositing cash
security of Rs.30,000/.
iii He is directed that he shall produce emergency certificate
before the court as and when directed. He shall not travel
out of India without intimation to court.
iv Verified copy of emergency certificate be annexed with
chargesheet.
v This proceeding be attached with the chargesheet.
vi Inform to the concerned police station.
Sd/
(S. N. Salve)
Addl. Chief Metropolitan Magistrate,
22nd Court, Andheri, Mumbai.
Dt.01/01/2019.
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