Final Order 1

Order Details: Order Below EX 1
Pdf Text: Notice Case No. 301/N/2021 Bandra Police Station
ORDER BELOW APPLICATION FOR RETURN OF PROPERTY
1] This is an application filed by applicant for return of property
namely Auto Rickshaw bearing No. MH02DU8966 valued of Rs.60,000/
seized in C.R. No.279/2020 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 her own
affidavit and submitted that she is owner of the said vehicle and she 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, permit of the said vehicle, it is seen
that the applicant is owner of the said vehicle. The Applicant has filed on
record copy of First Information Report which shows Mr. Mohd. Javed Abdul
Rashid Shaikh to be the original informant on whose report crime is registered.
Therefore, the applicant has filed on record affidavit of original informant
wherein he has given no objection to handover the said auto rickshaw to the
applicant – original owner. The applicant has annexed verified copy of Aadhaar
Card as proving of her 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 :
ORDER
1] The application is allowed.
2] The seized property namely Auto Rickshaw bearing No. MH02
DU8966 valued of Rs.60,000/ seized in C.R. No.279/2020 by Bandra Police
Station, be returned to Applicant Smt. Kewladevi Abhidnarayan Gupta residing
at R. No.1, Bhatt Chawl, Navpada Road, Bandra, Mumbai50 on executing
indemnity bond of Rs.90,000/ (Rupees Ninety Thousand Only) with condition
that :
a) The applicant shall not to sell, transfer, alienate, dispose off the
said auto rickshaw 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 auto rickshaw
in any mode or manner and shall not use for unlawful purpose.
c) The applicant shall produce the said auto rickshaw 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 her
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 : 19/05/2021
(Jaydeo Y. Ghule)
Metropolitan Magistrate
12th Court, Bandra, Mumbai
*NKD
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