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. : 2201531/N/2019 C. C. No. : 2617/PW/2019
Cr .No. : 276/2019 Sahar Police Station
Mr. Tabrej Alam Kamrujama Shah … Applicant.
V/s.
The State of Maharashtra through above
mentioned Police station, Mumbai. ...Respondent.
ORDER BELOW APPLICATION FOR RETURN OF PROPERTY
According to the applicant, he had filed FIR against
accused for the offences punishable U/Sec. 465, 468, 471 & 420 of the
IPC. The applicant is seeking custody of cash mentioned in the
application.
The applicant submitted that police has seized above said
property. Now the said property is lying in the Police Station, and
therefore, he is seeking custody.
Ld. A.P.P. has filed say.
Say of accused was called and he has given no objection to
return the property to the applicant.
The applicant has filed affidavit along with supporting
documents viz. xerox copy of chargesheet, production panchnama, and
FIR, etc. The applicant has also filed affidavit of his mother who has
deposited said amount in the account of accused. She has also given no
objection to return the said amount to the applicant. I do not find any
[P.T.O.]
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justifiable reason to reject the application. Therefore, I proceed to pass
the following order.
O R D E R
1) This interim application is allowed.
2) The applicant shall execute an indemnity Bond of
Rs.1,30,000/ and shall undertake that no modification,
alteration, or any change shall be made in the above described
property till the final disposal of the main case.
3) The applicant shall furnish photo identity and proof of
permanent and local residential addresses.
4) The applicant shall undertake to produce the said property
before the Court, as and when directed.
5) The in charge of concern Police Station shall cause the I.O. to
draw the panchanama and shall also take out photographs.
6) On production of the copy of the release order from this court,
the incharge of concern Police Station shall release the interim
custody of the aforesaid article to the complainant/applicant.
7) On compliance by the complainant/applicant issue release
order to the incharge of concern Police Station and copy of the
same be placed in concern CR, for record purpose.
8) Issue release order accordingly.
Date: 07012020.
(S. C. Pathare)
Addl. Chief Metropolitan Magistrate,
22nd Court, Andheri, Mumbai.
*csj
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