Final Order 1

Order Details: Order Below EX 1
Pdf Text: Notice Case No. 345/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 Activa Scooter bearing No. MH02DE8351 valued of Rs.35,000/
seized in C.R. No.136/2021 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 vehicle 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, PUC of the said
vehicle, 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 Huzaifa Abdul Rashid Ansari who
is accused in the said crime from whom the police has seized the said vehicle.
He gave no objection to handover the said vehicle 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 Activa Scooter bearing No. MH02DE8351
be hand over to the applicant Mr. Salim Fakhruddin Sayyed residing at Room
No.193, Squatters Colony, Chincholi Gate, Husaini Chowk, Malad E, Mumbai
97 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 scooter 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 scooter in any
mode or manner and shall not use for unlawful purpose.
c) The applicant shall produce the said scooter 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 photographs of the
vehicle from 4 sides and submit it with chargesheet 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: 20/05/2021
(M. Y. Wagh)
Metropolitan Magistrate
I/C.12th Court, Bandra, Mumbai.
*NKD
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