Final Order 1

Order Details: Order Below EX 1
Pdf Text: Notice Case No. 168/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 Fascino Yamaha Scooter bearing No. MH03CE8096 valued of
Rs.25,000/ seized in C.R. No.65/2021 for the offences u/s. 279, 336 of I.P.C.
r/w. Sec. 129, 184 of M. V. Act registered at Bandra Police Station.
2] On the application say of respondent was called. The Investigating
Officer and Ld. APP filed say wherein they raised objection to handover custody
of seized property to the applicant and prayed to reject the application.
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. He
further submitted that the original R.C. Book and insurance paper of the said
vehicle are missing. Hence, he lodged missing complaint for the same. Missing
complaint dated 01/02/2021 is filed on record.
4] Perused application, documents, say and affidavit in support of
application. Heard advocate for applicant. On perusal of the application and
copies of computer generated vehicle particulars issued by RTO, Mumbai,
insurance paper, EFee receipt of the said vehicle, it is seen that the applicant is
owner of the said vehicle. The applicant has annexed verified copy of Aadhaar
Card as proof of his identify and address. The applicant has filed on record
affidavit of Umair Mohammed Abdul Kalam Shaikh who is accused in the said
crime from whom the police has seized the said vehicle. He gave no objection
to handover the said vehicle to the applicant. He has annexed verified copy of
Aadhaar Card 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,
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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 :
O R D E R
1] The application is allowed.
2] The seized property namely Fascino Yamaha Scooter bearing No.
MH03CE8096 valued of Rs.25,000/ seized in C.R. No.65/2021 by Bandra
Police Station be returned to applicant Mr. Rahim Mohd. Sayyadali Shaikh
residing near R.C. Marg, New Bharat Nagar, Hashu Adwani Nagar, Vashi Naka,
Mehul Road, Chembur, Mumbai74 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 scooter 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 scooter in any
mode or manner and shall not use for unlawful purpose.
c) The applicant 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 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.
Sd/
Mumbai
Date: 28/04/2021
(Jaydeo Y. Ghule)
Metropolitan Magistrate
12th Court, Bandra, Mumbai.
*NKD
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