Final Order 1

Order Details: Order
Pdf Text: IN THE COURT OF ADDL. CHIEF METROPOLITAN MAGISTRATE,
22ND COURT, ANDHERI, MUMBAI.
Notice No. 2201774/N/2018
C. R. No. 209/2018
C. C. No. 1958/PW/2018
Sahar Police Station.
Kattampally Bayal Sadiqui … Applicant
V/s.
Sr. Inspector of Police,
(Sahar Police Station) ...Respondent.
ORDER BELOW APPLICATION FOR RETURN OF PROPERTY
VIZ. PASSPORT
This an application mood by the applicant / accused
Kattampally Bayal Sadiqui through his Power of Attorney Sachin
Gorakhnath Shine for return of passport No. bearing no. P0724708 .
In short, it is contention of the applicant that Sahar Police
Station seized is aforementioned passport in connection with crime No.
209/2018 U/sec. 419, 420 of IPC. It is further submitted by him that
the said passport was unauthorizedly used by the accused persons in the
said case. However, he is not concerned with the said crime. It is further
contended by him that his passport is genuine and there are no
allegation of forgery in respect of passport. It is further contended by
him that he is the lawful claimant of the passport. He needs the said
passport for traveling purposed. He therefore prayed to return his
passport on suitable terms and conditions.
2. The Ld. APP has opposed the application on the ground
that passport is required during trial.
3 I have gone through application and say of APP for the
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State. On going through the application which is supported by affidavit
and copy of passport and documents placed on record, it appears that
the applicant is the lawful claimant of the seized passport. In so far as
the present crime is concerned, There are no allegations of forgery in
respect of the said passport. No prejudice to the caused to the
prosecution if the application is allowed on certain terms and
conditions.
Hence, In the result following order is passed :
ORDER
1 The application is allowed.
2 Passport bearing No P0724708 be temporarily returned
to the applicant Kattampally Bayal Sadiqui through this
Power of Attorney Sachin Gorakhnath Shinde subject to
following conditions.
3 He shall deposit cash amount of Rs. 50,000/.
4 He shall produced the passport as and when required by
this court. If the applicant fails to produce the passport,
cash amount of Rs. 50,000/ would stand forfeited to the
State Government.
5 Verified copy of passport be annexed with chargesheet.
6 Police to draw panchanama regarding the alleged forged
visa sticker of the passport and take two photographs of
the same.
7 This proceeding be attached with the chargesheet.
8 Inform to the concerned police station.
Sd/
(S. N. Salve)
Addl. Chief Metropolitan Magistrate,
Dt. 08/01/2019 22nd Court, Andheri, Mumbai.
APP
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