Final Order 1

Order Details: Order Below EX 1
Pdf Text: Notice Case No. 128/N/2021 Bandra Police Station
ORDER BELOW APPLICATION FOR RETURN OF PROPERTY
1] This is an application filed by the applicant for return of property
namely CB Unicorn motorcycle bearing No. MH02ET7562 valued of
Rs.30,000/ seized in C.R. No.48/2021 for the offences u/s. 279, 336 of I.P.C.
r/w. Sec. 184 of M. V. Act registered at 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 vehicle is
required for the purpose of investigation.
3] In support of application the applicant has filed on record his own
affidavit and submitted that he is registered owner of the said motorcycle 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 of the said motorcycle, it is seen that
the applicant is owner of the said vehicle. The applicant has annexed verified
copies of PAN Card, Driving License as proof of his identify and address. The
applicant has filed on record affidavit of Mohd. Niyazgul Aslam Khan who is
accused in the said crime from whom the police has seized the said motorcycle.
He gave no objection to handover the said motorcycle to the applicant. He has
annexed verified copy of Driving Licence 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
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
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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 :
O R D E R
1] The application is allowed.
2] The seized article namely CB Unicorn motorcycle bearing No. MH
02ET7562 valued of Rs.30,000/ seized in C.R. No.48/2021 by Bandra Police
Station be returned to Mr. Mohd. Sherulal Mohd. Lal Shaikh residing at Nargis
Datt Zopadpatti, Krushan Chandra Marg, Bandra W, Mumbai50 on executing
indemnity bond of Rs.50,000/ (Rupees Fifty 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 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: 08/03/2021
(Jaydeo Y. Ghule)
Metropolitan Magistrate
12th Court, Bandra, Mumbai.
*NKD
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