Final Order 1

Order Details: Order Below EX 1
Pdf Text: ORDER BELOW EXH.1 IN NOTICE
CASE NO.274/N/2021,
APPLICATION FOR RETURN OF
PROPERTY IN CRIME NO.112 OF
2021, REGISTERED AT POLICE
STATION BANDRA
ORDER
(15th June 2021)
This application filed by Bhavesh Babulal Jain for interim custody of
Honda Activa motorcycle bearing no.MH02FP0106 which is seized in Crime
no.112 of 2021, under Section 379 of IPC registered at Bandra Police Station,
Mumbai vide Section 457 of Cr.P.C.
2. Read the application, say of the Investigating Officer and learned APP for
the State thereon. Heard both side at length.
3. Upon the rival contention of both sides and xerox copies of documents
duly verified by Judicial Clerk of this Court from original, it prima facie shows
that the applicant is the registered owner of the seized vehicle Honda Activa
motorcycle bearing no.MH02FP0106. The said vehicle seized by police
official and still lying at the police station. The Investigating Officer has given
no objection for handing over interim custody of the vehicle on imposing
certain conditions. Learned APP for the State has objected the said application
on ground that the said vehicle will be required for investigation in the above
crime.
4. Considering the rival submission of both the side and nature of the
offence it pertains to note that, seized vehicle should not be kept in police
station for a long period. It well settled that a seized vehicle can be returned to
the owner by the Magistrate after taking appropriate bond, guarantee, as well
as security for the return of the said vehicle if required at any point of time.
5. In the case at hand the applicant is registered owner as seen from
verified documents. Therefore, it is just and proper to handover interim
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custody of the seized vehicle to the applicant. In the result, I pass following
order :
ORDER
In view of body of the order interim custody of seized vehicle Honda
Activa motorcycle bearing no.MH02FP0106 be given to the applicant on
following conditions :
i. He shall execute Indemnity Bond of
Rs.80,000/ and solvent surety of Rs.15,000/
at concern police station.
ii. He shall produce all original documents of the
vehicle before the Investigating Officer for
verification.
iii. He shall not effect any change or alternation in
the physical feature of the said vehicle without
prior permission of the Court.
iv. He shall not effect any transfer by way of sell
or alienation or mortgage, pledge or
hypothecation of the said vehicle until further
order.
v. He shall produce the vehicle as and when
directed by this Court during the inquiry and
trial.
vi. The Investigating Officer is directed to release
the said vehicle after aforesaid compliance of
the conditions by the applicant and submit the
report of the same along with documentation
with chargesheet.
vii. The Judicial Clerk of this Court is directed to
forward copy of this order to the concern
police station for compliance along with letter.
Accordingly, application disposed off.
Sd/
(Satish B. Hiwale)
Date : 15.06.2021 Metropolitan Magistrate,
12th Court, Bandra, Mumbai
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