Final Order 1

Order Details: Order Below EX 1
Pdf Text: Notice Case No. 234/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 Yamaha YZFR 15S motorcycle bearing No. MH03CL5420 valued of
Rs.40,000/ seized in C.R. No.97/2021 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 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 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 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 Muzammil Husain 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,
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
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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 Yamaha YZFR 15S motorcycle bearing
No. MH03CL5420 valued of Rs.40,000/ seized in C.R. No.97/2021 by
Bandra Police Station be returned to Mr. Ishaque Ahmed Niyaz Ahmed Khan
residing at Room No.5, Gomes Chawl, Sugra Cottage, Satya Nagar, 90 Ft Road,
near Durga Mandir, Sakinaka, Mumbai72 on executing indemnity bond of
Rs.70,000/ (Rupees Seventy Thousand 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: 15/03/2021
(Jaydeo Y. Ghule)
Metropolitan Magistrate
12th Court, Bandra, Mumbai.
*NKD
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