Final Order 1

Order Details: Copy of Order
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE,
26TH COURT, BORIVALI, MUMBAI.
C.C. No. 1426/PW/2021
Notice No. 2600488/N/2021
C.R. No. 124/2021
Dahisar Police Station, Mumbai.
ORDER ON APPLICATION FOR RETURN OF PROPERTY
1. Perused application, report of police, affidavit of applicant,
copy of F.I.R., copy of adhar card, copy of vehicle papers and say filed
by APP
2. I.O. and APP both have filed their respective say and
thereby raised objection to handover the seized property to the
applicant on the ground that the said seized property is used by accused
for committing an offence and it is most important evidence at the time
of trial. Applicant Mr. Bisu Sadhan Dey prima facie appears to be the
owner of the seized property i.e. Honda Activa 4 G motor cycle bearing
registration No. MH47V6804 worth Rs. 40,000/. Hence, no
prejudice will be caused to the prosecution if the seized property is
handed over to the applicant by imposing certain conditions.
3. In the circumstances, the said seized property shall be
returned to the applicant Mr. Bisu Sadhan Dey on executing
Supurtanama of Rs. 50,000/ (Rupees Fifty Thousand Only) on
stamp paper of Rs. 200/ before P.I. of concerned police station with
condition that he shall produce the said muddemal as and when
required by the Court during the pendency of trial and not to change its
nature, not to sell or exchange till final disposal of the case. I.O. to file
Supurtnama along with chargesheet and take photographs of the said
motor cycle bearing registration No. MH47V6804 and submit it
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alongwith chargesheet. Notice case bearing No. 488/N/2021 be kept
alongwith C.C. No. 1426/PW/2021.
Sd/xx
Date:29.09.2021 ( V. J. Kore )
aaw Metropolitan Magistrate,
26th Court, Borivali, Mumbai.
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