Final Order 1

Order Details: Order Below EX 1
Pdf Text: : 1 : C. C. No.140/N/2020
Notice Case No. 140/N/2020 Bandra Police Station
ORDER BELOW APPLICATION FOR RETURN OF PROPERTY
1] This is an application filed by applicant – Constituted Attorney
Holder of Mr. Vishal Yashwant Vasu for return of property namely Toyota
Innova Motorcar bearing No. MH04GD4082 seized in C.R. No.89/2020
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 vehicle is
required at the time of trial.
3] In support of application, the applicant has filed on record his own
affidavit and also Power of Attorney and submitted that Mr. Vishal Vasu is
lawful owner of the said vehicle and proprietor of Shree Sai RentACar Pvt.
Ltd. The applicant further submits that the driver Mr. Isaki Narpelmar Pillai has
lodged the complaint. The applicant 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 papers, certificate of
fitness, renewal of authorization certificate, tourist permit of the said vehicle, it
is seen that Mr. Vishal Vasu proprietor of Shree Sai RentACar Pvt. Ltd. is
owner of the said vehicle. The Applicant has filed on record copy of F.I.R. dated
05/02/2020 which shows Mr. Isaki Narpelmar Pillai 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
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objection to handover the said vehicle to the applicant. The applicant has
annexed verified copy of Aadhaar Card as proving of his identify and address.
The applicant has annexed verified copy of service identity card as proving 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
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 Toyota Innova Motorcar bearing No.
MH04GD4082 seized in C.R. No.89/2020 by Bandra Police Station , be
returned to Applicant Mr. Nihal B. Shah (Constituted Attorney Holder of
original owner Mr. Vishal Yashwant Vasu) residing at 4B/14, Baj Apartment,
Sai Baba Nagar, Borivali W, Mumbai92 on executing indemnity bond of
Rs.7,00,000/ (Rupees Seven Lakh Only) with condition that :
a) The applicant shall not to sell, transfer, alienate, dispose off the
said motorcar 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 motorcar in
any mode or manner and shall not use for unlawful purpose.
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c) The applicant shall produce the said motorcar 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 : 31/07/2020
(Jaydeo Y. Ghule)
Metropolitan Magistrate
12th Court, Bandra, Mumbai
*NKD
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