Final Order 1

Order Details: Order Below EX 1
Pdf Text: : 1 : C. C. No.159/N/2021
Notice Case No. 159/N/2021 Bandra Police Station
ORDER BELOW APPLICATION FOR RETURN OF PROPERTY
1] This is an application filed by applicant/accused Shaikh Nadeem
Rizwan Shaikh – Power of Attorney Holder of original owner Mr. Mohd. Naeem
Salim Behlim for return of property namely Honda DIO 110 scooter bearing
No. MH02CX8254 valued of Rs.35,000/ seized in C.R. No.53/2021 for the
offences u/s.279, 336 of I.P.C. registered at Bandra Police Station.
2] The applicant submitted that he was using the said vehicle which
was handed over to him by his friend Mohd. Naeem Salim Behlim – registered
owner of the said vehicle. His friend is unable to attend the Court due to some
difficulties hence he authorized the applicant to make the said application by
executing power of attorney. Verified copy of power of attorney dated
06/02/2021 is filed on record.
3] On the application say of respondent was called. The Investigating
Officer filed 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
at the time of trial.
4] Perused application, documents, say and affidavit in support of
application. Heard advocate for applicant. On perusal of the application and
verified copy of vehicle particulars, insurance paper of the said vehicle, it is
seen that Mr. Mohd. Naeem Salim Behlim is owner of the said vehicle. The
applicant has annexed verified copy of Aadhaar Card as proving of his identify
and address.
5] At this stage except the applicant there is no other claimant who
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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
prejudice is likely to be caused to the investigation agency, if the same is
handed over to the applicant. 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 DIO 110 scooter bearing No.
MH02CX8254 valued of Rs.35,000/ seized in C.R. No.53/2021 by Bandra
Police Station, be returned to Applicant Mr. Shaikh Nadeem Rizwan Shaikh
(Power of Attorney Holder of original owner Mr. Mohd. Naeem Salim Behlim)
residing at MehfilERabbani, R. No.804, ½, K.E.M. Hakim Chawl, Jhula Maida,
Colaba Plot, Jogeshwari E, Mumbai400 060 on executing indemnity bond of
Rs.60,000/ (Rupees Sixty Thousand only) with condition that :
a) The applicant and original owner shall not to sell, transfer,
alienate, dispose off the said scooter or any part of it to any third
person before the conclusion of trial.
b) The applicant and original owner shall not change the nature of
the said scooter in any mode or manner and shall not use for
unlawful purpose.
c) The applicant and original owner shall produce the said scooter as
and when directed by the Court in the trial or by Investigating
Officer in the course of investigation.
d) The applicant and original owner shall follow the conditions
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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.
Sd/
Mumbai
Date : 03/04/2021
(Jaydeo Y. Ghule)
Metropolitan Magistrate
12th Court, Bandra, Mumbai
*NKD
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