Final Order 1

Order Details: Order Below EX 1
Pdf Text: Notice Case No. 85/N/2020 Bandra Police Station
ORDER BELOW APPLICAT ION FOR RETURN OF PROPERTY
1] This is an application filed by the applicant for return of property
namely Bajaj Auto Rickshaw bearing No. MH03DC2573 seized in C.R.
No.1089/2019 registered u/s.279, 336, 114 of I.P.C. r/w. Sec.184 of M.V. Act
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. Ld. APP
submitted that the say of accused Mohd. Riyaz Mumtaz Ahmed Ansari to be
called.
3] In support of application the applicant has filed on record his own
affidavit and submitted that he is registered owner of the said vehicle and 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 paper 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, Driving Licence as proof of his
identify and address. The applicant has filed on record affidavit of Mohd. Riyaz
Mumtaz Ahmed Ansari who is accused in the said crime from whom the police
has seized the said auto rickshaw. He gave no objection to handover the said
auto rickshaw to the applicant. Verified copies of Aadhaar Card, PAN Card is
annexed 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 Bajaj Auto Rickshaw bearing No. MH
03DC2573 seized in C.R. No.1089/2019 by Bandra Police Station be returned
to Mr. Samir Sagir Hasan Sayed residing at Balaji Mandir, 86/A Block, Copper
Kunj, R.No.6, Pipe Road, Kurla W, Mumbai70 on executing indemnity bond of
Rs.1,00,000/ (Rupees One Lakh only) with condition that
a) The applicant shall not to sell, transfer, alienate, dispose off the
said auto rickshaw 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 auto rickshaw
in any mode or manner and shall not use for unlawful purpose.
c) The applicant shall produce the said auto rickshaw 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: 15/09/2020
(Jaydeo Y. Ghule)
Metropolitan Magistrate
12th Court, Bandra, Mumbai.
*NKD
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