Final Order 1

Order Details: Order Below EX 1
Pdf Text: Notice Case No. 34/N/2020 Bandra Police Station
ORDER BELOW APPLICATION FOR RETURN OF PROPERTY
1] This is an application filed by applicant for return of property
namely motorcar bearing No. MH02DJ7133 seized in C.R. No.13/2020
registered u/s. 279, 338 of I.P.C. r/w. 134(A)(B), 184 of M. V. Act by Bandra
Police Station.
2] On the application say of respondent was called. The Investigating
Officer and Ld. APP filed their say and raised objection to handover custody of
seized property to the applicant.
3] In support of application, the applicant has filed on record his own
affidavit and submitted that he is ready to abide every conditions imposed by
this Court.
4] Perused application, documents, say and affidavit in support of
application. Heard advocate for applicant. On perusal of the application and
verified copy of certificate of registration, insurance papers of the said vehicle,
it is seen that the applicant is owner of the said vehicle. The applicant has
annexed verified copies of Aadhaar Card and Ration Card as proving of his
identify and address.
5] At this stage except the applicant there is no other claimant who
has claimed the custody of seized vehicle which was seized from his possession.
Admittedly the said vehicle cannot be termed as weapon and no purpose is
likely to be served by detaining the said vehicle in the custody of investigation
agency till conclusion of trial. On the other hand there is every possibility that
the vehicle will get damaged in case keep in open which is in the possession of
the investigation agency. Therefore, the application for return of property
certainly deserves to be allowed as no prejudice is likely to be caused to the
investigation agency, if the same is handed over to the original owner. Hence,
the application deserves to be allowed on certain terms and conditions.
Therefore, I pass the following order :
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ORDER
1] The application is allowed.
2] The seized property namely motorcar bearing No. MH02DJ7133
seized in C.R. No.13/2020 by Bandra Police Station, be returned to Applicant
Mr. Pranay Kailasnath Jaiswal residing at B/16, Kamal Pushpa, Bandra
Reclamation, Near Lilavati Hospital, Bandra W, Mumbai50 on executing
indemnity bond of Rs.2,00,000/ (Rupees Two Lakh Only) with condition that :
a) The applicant shall not to sell, transfer, alienate, dispose off the
said vehicle or any part of it to any third person before the
conclusion of trial.
b) The applicant shall not change the nature of the said vehicle in any
mode or manner and shall not use for unlawful purpose.
c) The applicant shall produce the said vehicle as and when directed
by the Court in the trial or by Investigating Officer in the course of
investigation.
d) The applicant shall undertake that he will not to use and not allow
to be used the said vehicle for commission of any offence.
e) The applicant shall follow the conditions imposed on him
scrupulously.
3] The Investigating Officer is directed to take the above indemnity
bond of applicant and shall return the muddemal on due verification of
applicant. Investigating Officer further directed to file indemnity bond in the
Court. On filing of indemnity bond, it be attached with the chargesheet.
Order accordingly.
Mumbai
Date : 09/06/2020
(Jaydeo Y. Ghule)
Metropolitan Magistrate
12th Court, Bandra, Mumbai
*NKD
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