Final Order 1

Order Details: Order below Ex-1
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ORDER BELOW APPLICATION FOR RETURN OF PROPERTY
IN C. R. NO.530/2022 OF CHEMBUR POLICE STATION.
C.C. No.2246/Misc/2022
(CNR NO. MHMM130139572022)
1] This is an application filed by the applicant Babu Pandi
Gounder for return of motorcycle bearing No. MH05EK2515 of
Hero make (hereinafter referred as the said motorcycle) of value of
Rs.80,000/ seized in C.R. No.530/2022 registered under section
392 of I.P.C. by Chembur Police Station.
2] On the said application say of APP and I. O. was called.
The Investigating Officer and Ld. APP filed their say separately and
stated that they have no objection to handover custody of said
motorcycle to the applicant on certain terms and conditions.
3] In support of application the applicant has filed on
record his own Affidavit and also filed copy of license, copy of
insurance, copy of PUC and his Aadhar Card. In his affidavit the
applicant submitted that he is owner of said motorcycle. He further
stated that he is ready to abide the conditions if any, imposed by
this court.
4] Crime No.530/2022 came to be registered on the
report lodged by the applicant with PS Chembur, Mumbai.
Except the applicant no other person has claimed for the custody
of the said motorcycle. If the motorcycle is kept idle in police
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station it may cause rust and may go out of order.
Thus, considering all these aspects and as all the original
documents of said motorcycle are with the applicant, it becomes
clear that the applicant is entitled for interim custody of the said
motorcycle. Hence, the following order.
O R D E R
1] The application is allowed.
2] The PSO of PS Chembur is directed to hand over the
seized property i.e. motorcycle bearing No. MH05EK2515 of
Hero make seized in C.R. No.530/2022 registered under section
392 of I.P.C. to the Applicant Babu Pandi Gounder, on his
executing indemnity bond of Rs.80,000/ (Rupees Eighty
Thousand only) with condition that
a) The applicant shall not alienate the said motorcycle in
favour of anybody by any mode of transfer or shall not
dispose off or handover the said motorcycle to third
person till the conclusion of trial.
b) The applicant shall not change the nature of the said
motorcycle in any mode or manner.
c) The applicant shall produce the said motorcycle as and
when directed by the Court.
d) The applicant shall follow the conditions imposed on
him scrupulously.
3] The Investigating Officer is directed to take the
indemnity bond of Rs.80,000/ of the applicant and shall return
the motorcycle on due identification of applicant.
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4] The Investigating Officer is directed to take
photographs of the said motorcycle from all angle.
5] The investigating officer shall file the indemnity bond
and photographs of said motorcycle in the Court. On filing of
indemnity bond and photographs, same be attached with the case
paper.
Mumbai
Date:15/09/2022
(S. P. Shinde)
Addl. Chief Metropolitan Magistrate
11th Court, Kurla, Mumbai.
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