Final Order 1

Order Details: Order Below EX 1
Pdf Text: Notice Case No. 41/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 Honda Activa motorcycle bearing No. MH02BN2352 valued at
Rs.20,000/ seized in C.R. No.23/2020 registered u/s.379 of I.P.C. by Bandra
Police Station.
2] On the application say of respondent was called. The Investigating
Officer filed his say wherein no objection to handover custody of seized
property to the applicant on certain terms and conditions is conveyed. While
Ld. APP prayed to reject the application on the ground that the said motorcycle
is required at the time of hearing.
3] In support of application, the applicant has filed on record her own
affidavit and submitted that she is owner of the said vehicle and she 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 of the said vehicle, it is seen that the
applicant is owner of the said vehicle. The Applicant has filed on record copy of
F.I.R. dated 06/01/2020 which shows Mr. Shabir Tahir Rampurawala –
husband of the applicant to be the original informant on whose report crime is
registered. Therefore, the applicant has filed on record affidavit of original
informant wherein he has given no objection to handover the said vehicle to
the applicant – original owner. Verified copy of Aadhaar Card is annexed as
providing of his identify and address. The applicant has annexed copy of
Aadhaar Card as proving of her identify and address.
5] At this stage except the applicant there is no other claimant who
has claimed the custody of seized vehicle. 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
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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 :
ORDER
1] The application is allowed.
2] The seized property namely Honda Activa motorcycle bearing No.
MH02BN2352 valued at Rs.20,000/ seized in C.R. No.23/2020 by Bandra
Police Station, be returned to Applicant Mrs. Maryam Shabbir Rampurawala
residing at 439, Motiwala Building, Room No.29, D'Monte Street, Bandra W,
Mumbai50 on executing indemnity bond of Rs.40,000/ (Rupees Forty
Thousand Only) with condition that :
a) The applicant shall not to sell, transfer, alienate, dispose off the
said motorcycle 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 motorcycle in
any mode or manner and shall not use for unlawful purpose.
c) The applicant shall produce the said motorcycle as and when
directed by the Court in the trial or by Investigating Officer in the
course of investigation.
d) The applicant shall follow the conditions imposed on her
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 : 27/07/2020
(Jaydeo Y. Ghule)
Metropolitan Magistrate
12th Court, Bandra, Mumbai
*NKD
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