Final Order 1

Order Details: Order Below EX 1
Pdf Text: Notice Case No. 252/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 Bajaj Pulsar motorcycle bearing No. MH47AM5258 seized in C.R.
No.59/2021 for the offence u/s. 379 of I.P.C. registered at Bandra Police
Station.
2] On the application say of respondent was called. The Investigating
Officer filed 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 authorized person of the said vehicle. He
further submitted that original documents of the said vehicle are lying in the
motorcycle, hence he is unable to produce the original R.C. book. 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 of the said vehicle, it
is seen that Smt. Sadiya Nadeem Salmani is registered owner of the said
vehicle. Therefore, the applicant has filed on record affidavit of original owner
Smt. Sadiya Nadeem Salmani wherein she has given no objection to handover
the said vehicle to the applicant. The applicant has annexed copies of his
Aadhaar Card as well as original owner as proving of their 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 Bajaj Pulsar motorcycle bearing No.
MH47AM5258 seized in C.R. No.59/2021 by Bandra Police Station be
returned to applicant Mr. Abdul Basit Sayyed residing at R. No.1, 3rd Floor, 69
Fancy Mansion, Memonwada Road, near Minara Masjid, Mumbai3 on
executing indemnity bond of Rs.80,000/ (Rupees Eighty 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.
Sd/
Mumbai
Date: 06/04/2021
(Jaydeo Y. Ghule)
Metropolitan Magistrate
12th Court, Bandra, Mumbai.
*NKD
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