Final Order 1

Order Details: Order Below EX 1
Pdf Text: C.C. No. : 07/N/2020
Order below application for return of property
1. Applicant Narayan Mahatan Gupta filed this application for return of the property u/sec.457 of Cr.P.C.
According to the applicant, Mahim police station registered the Crime No.381/2019 for offence u/sec.457, 380, 511 r/w
sec.34 of I.P.C against the accused. During the investigation, Maruti EECO Taxi bearing registration no. MH01CV0457
is seized by the police, as the accused was driver of the said Taxi. Applicant is the owner of the said Taxi. He is ready to
abide the conditions. Therefore, prayed to give interim custody of said Taxi to him.
2. Ld. APP filed the say underneath the application and submitted that offence has been committed with the help
of property and accordingly conditions may be imposed. I.O. may also directed to obtain photographs, and to prepare
panchanama of the property. I.O. filed the say and submitted that the property recovered as mentioned in the application
and he has no objection to return the said property on the terms and conditions. Accused submitted no objection to return
the property.
3. Heard the Ld. Counsel for the applicant. In the affidavit, applicant has submitted that he is the owner of the taxi
and used by him to maintain his family. To support his contention, he has filed Copy of R.C. Book, Copy of Insurance
Policy, Copy of driving License and certificate issued by the Bombay Mercantile Coop. Bank Ltd. Nobody has claimed
the property. Hence, on the conditions, interim custody is given to the applicant. With the result, I pass the following
order :
O R D E R
The Inspector of Mahim Police Station, if in possession of the Maruti EECO Taxi bearing registration no. MH01
CV0457 mentioned in the application, shall hand over the same to the present applicant.
Before that the applicant to furnish Indemnity Bond for Rs.2,60,000/ (Rupees Two Lacs Sixty Thousand Only)
undertaking to the effect that,
(a) He will not alienate, destroy, give on rent or part with the possession of the above vehicle,
(b) He will produce the said vehicle before the Police Station or the Court as directed by this Court.
(c) That the applicant to furnish photographs of the vehicle to the police station, which later on to be filed
alongwith the final report in the Court by the police.
(d) Applicant shall not use the said taxi for committing any other offence.
( Sudhir N. Shinde )
Metropolitan Magistrate,
32nd Court, Bandra, Mumbai.
Dt.02.03.2020 I/c. A.C.M.M. 9th Court, Bandra, Mumbai.
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