Final Order 1

Order Details: Order Below EX 1
Pdf Text: Notice Case No. 202/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 K.T.M. 200 Duke motorcycle bearing No. MH01DH5749 seized in
C.R. No.92/2021 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 at the time of trial.
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, insurance paper, tax invoice of the
said motorcycle, 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 Arbaz Dastagir 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 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 K.T.M. 200 Duke motorcycle bearing
No. MH01DH5749 seized in C.R. No.92/2021 by Bandra Police Station be
returned to Mr. Abdul Rahim Mohd. Ali Shaikh residing at T/6 Chawl, Room
No.3, near Sion Hospital, Sion W, Mumbai22 on executing indemnity bond of
Rs.2,00,000/ (Rupees Two Lakh 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: 10/03/2021
(Jaydeo Y. Ghule)
Metropolitan Magistrate
12th Court, Bandra, Mumbai.
*NKD
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