Final Order 1

Order Details: Order Below EX 1
Pdf Text: Notice Case No. 49/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 KTM Duke 390 motorcycle bearing No. MH02FH0681 valued at
Rs.2,50,000/ seized in C.R. No.39/2020 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 say wherein no objection to handover custody of seized property to
the original informant i.e. the applicant on certain terms and conditions is
conveyed. While Ld. APP prayed to reject the application on the ground that the
muddemal property is required at the time of trial.
3] The applicant in his application has stated that he has filed First
Information Report about theft of his bike. He has further submitted that he is
son of owner of the said motorcycle and is in possession of all the relevant
documents. The Applicant has filed on record copy of F.I.R. dated 12/01/2020
which shows the applicant to be the original informant on whose report crime is
registered. The applicant has annexed verified copy of Driving License as
proving of his identify and address.
4] Perused application, say and documents annexed thereto. On
perusal of verified copy of certificate of registration, insurance paper, fee slip of
registration of the said vehicle, it is seen that Mr. Arvind Umraochand Jain–
father of the applicant is original owner of the said motorcycle. Hence, he has
filed on record affidavit wherein he has given no objection to handover the said
vehicle to the applicant i.e. his son. Copy of Aadhaar Card is filed on record as
proof 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. 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 KTM Duke 390 motorcycle bearing No.
MH02FH0681 valued at Rs.2,50,000/ seized in C.R. No.39/2020 by Bandra
Police Station, be returned to Applicant Mr. Shernik Arvind Jain residing at 301,
Kamaldutt, Dawood Baug, J. P. Road, Andheri W, Mumbai58 on executing
indemnity bond of Rs.3,00,000/ (Rupees Three Lakh 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 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 : 18/02/2020
(Jaydeo Y. Ghule)
Metropolitan Magistrate
12th Court, Bandra, Mumbai
*NKD
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