[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL REVN.APPLN.NO.92 OF 2008 Mr.Aslam Qutubulla Choudhary ..Petitioner Vs. The State of Maharashtra ..Respondent ... Mr.K.D.Hadkar advocate for petitioner Mrs.A.A.Mane A.P.P. for the State ... CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. DATE : OCTOBER 6, 2008 DATE : OCTOBER 6, 2008 DATE : OCTOBER 6, 2008 P.C. P.C. P.C. 1. Heard the learned advocate for the petitioner and the learned A.P.P. for the State. 2. The petitioner is seeking return of property i.e. cash of Rs.1,50,300/- which has been seized by the Anti-Corruption Bureau in raid conducted on 10.10.2007. The said raid was conducted on Senior Inspector of Police Shri.L.P.Shaikh who was then Incharge of Borivali Police Station. While the raid was conducted at Borivali Police Station, said amount was found in the brief-case of Senior Inspector of Police Shri.L.P.Shaikh. The amount came to be seized in the said case i.e. CR No.74 [-2-] of 2007 of Anti-Corruption Bureau. 3. The petitioner is not accused in the said case. The case of the petitioner is that he had given the amount to Senior Inspector of Police Shri.L.P.Shaikh and as the money belongs to the petitioner, he has sought the return of the said amount. Reliance is placed by the petitioner on some affidavits and some bank statements to show that he has withdrawn some amounts from various banks on various dates to show that he had thus collected amount of Rs.1,50,300/- and that he gave it to Senior Inspector of Police Shri.Shaikh. 4. In my opinion, at this stage, it cannot be said that on the basis of affidavits relied upon by the petitioner and the bank statements that the amount was indeed given by the petitioner to Senior Inspector of Police Shri.L.P.Shaikh. In my view to prove that the money belonged to the petitioner, it would be necessary to lead evidence, hence, I am not inclined to return the property to the petitioner at this stage. Application is rejected. [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.]