Final Order 1

Order Details: Order
Pdf Text: IN THE COURT OF ADDL. CHIEF METROPOLITAN MAGISTRATE,
22ND COURT, ANDHERI, MUMBAI.
C. C. No. 3325/PW/2018 Notice No. 2201727/N/2018
C. R. No. 312/2018 Sahar Police Station
Nazar Madathil Peedikayil … Applicant
V/s.
Sr. Inspector of Police,
(Sahar Police Station) ...Respondent.
ORDER BELOW APPLICATION FOR RETURN OF PROPERTY
VIZ. PASSPORT
An applicant / accused Nazar Madathil Peedikayil is
seeking return of Passport bearing no. J8748129 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. APP has objected the application on the ground that
passport is required during investigation. I.O. has been filed charge
sheet as the case is under trial. 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 Kannur, Kerala State.
His passport is genuine. There are no allegations in respect of the
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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 J8748129 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. 10/01/2019
1. app
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