Final Order 1

Order Details: Order Below EX 1
Pdf Text: C.C. No. : 174/N/2020
Order below application for return of property
1. Applicant Nilesh Ramesh Kinare filed this application for return of the property
u/sec.457 of Cr.P.C. According to the applicant, Mahim police station registered the Crime
No.440/2019 for offence u/sec.376, 377 of I.P.C. against the accused. During the
investigation, Hyundai Xcent Car bearing registration no. MH01CJ0402 is seized by the
police, as the accused was driver of the said Car. Applicant is the owner of the said car and
he has given the said car to accused for driving purpose. Applicant is ready to abide the
conditions. Therefore, prayed to give interim custody of said car to him.
2. On this application say of Ld. APP was called. Ld. APP submitted that, offence
has been committed and property claimed by applicant is involved in the alleged
offence. Hence, submitted to pass necessary conditional order. I.O. may kindly be
directed to obtain photographs and to prepare panchanama. Investigating officer has no
objection to return the said property to its register owner.
3. On the basis of documents filed on record, it is confirmed that, present
applicant has given his car to accused for driving purpose. To support his claim he has
filed Affidavit, Copy of FIR, and Copy of Insurance Papers on record. No purpose would
be served by keeping the said car idle in the police station. Therefore, applicant is
entitled for custody of above car on certain conditions. With this, I proceed to pass
following order :
O R D E R
i] Application is allowed.
ii] The Inspector of Mahim Police Station, shall hand over the
Hyundai Xcent Car bearing registration no.MH01CJ0402 to the
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present applicant subject to Indemnity Bond for Rs. 4,50,000/ (Rupees
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Four Lakhs Fifty Thousand Only) undertaking to the effect that,
(a) he will not alienate, destroy, give on rent or part with the possession
of the above Hyundai Xcent Car,
(b) he will produce the said car before the Police Station or the Court
as and when directed by this Court.
(c) that the applicant to furnish photographs of Hyundai Xcent Car to
the police station, which lateron to be filed along with the final report
in the Court by the police.
( Sudhir N. Shinde )
Metropolitan Magistrate,
32nd Court, Bandra, Mumbai.
Dt.12.03.2020 I/c. A.C.M.M. 9th Court, Bandra, Mumbai.
Kkg
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