Final Order 1

Order Details: Order
Pdf Text: IN THE COURT OF ADDL. CHIEF METROPOLITAN MAGISTRATE,
22ND COURT, ANDHERI, MUMBAI.
Notice No. 2201643/N/2018
C. R. No. 102/2010
C. C. No. 806/PW/2010
Sahar Police Station.
Adil Abbas Lageli … Applicant
V/s.
Sr. Inspector of Police,
(Sahar Police Station) ...Respondent.
ORDER BELOW APPLICATION FOR RETURN OF PROPERTY
VIZ. PASSPORT
An applicant / accused Adil Abbas Lageli is seeking
return of Passport bearing no. H7964282 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 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.
3 I have gone through say of APP and I.O. The investigation
is in progress. Accused is permanent resident of Mumbai. His passport is
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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 H7964282 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. 04/01/2019
APP
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