Javed A. Merchant v. Io, Siib (Export) And ANR

Nalawade A.S.

1 /2 FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1376 OF 2015 Office Notes, Office Memorandam of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr.Ayaz Khan for the Applicant.

Ms. Rebecca Gonsalvez for Respondent No.1.

Mr.R.V. Newton, APP. for the State.

CORAM : A.S.GADKARI, J.

DATE :

29th March, 2016 P.C.

This is an application for return of property seized by respondent No.1 during the course of investigation in F. No. SIIB (X) GEN-59/2014/15 for alleged violations of provisions of NDPS Act. The documents/articles which are claimed for return are as under: i) The Airway Bills put in one guard file and numbered from 1 to 459 seized vide Exhibit 'A'.

ii) Airway Bill set (8 nos.) put in one plastic folder seized vide Exhibit 'A'.

iii) CD Discs (9 Nos) seized vide Exhibit 'A'.

iv) The Samsung Hard Disk of Office Computer, Model No.ST500DL001, S/N S23CJXOC201065 seized vide Exhibit 'B'.

2) The learned counsel appearing for Respondent No.1 on instructions submitted that respondent No.1 will provide photo copies of the articles mentioned in items (i) and (ii) above to the

Nalawade A.S.

2 /2 applicant within a period of two weeks from today.

3) As far as article Nos. (iii) and (iv) above are concerned, she on instructions submitted that if the applicant submits the necessary Compact Disks and/or Hard Disk to the respondent No.1, the officers of respondent No.1 would copy the data from the original one and will handover the copies of the same to the applicant herein within a period of 3 weeks from the date of receipt of said CD's and/or Hard Disks. The learned counsel for the applicant has no objection for the same.

In view of the above, the application is allowed in the aforesaid terms.

(A.S. GADKARI, J.)