Final Order 1

Order Details: Order Below EX 1
Pdf Text: Notice Case No. 242/N/2020 Bandra Police Station
ORDER BELOW APPLICATION FOR RETURN OF PROPERTY
1] This is an application filed by applicant for return of property
namely TVS Jupiter Scooter bearing No. MH04JS5045 valued at Rs.25,000/
seized in C.R. No.295/2020 registered u/s.379 of I.P.C. by 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.
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, insurance certificate of the said
vehicle, it is seen that the applicant is owner of the said vehicle. The Applicant
has filed on record copy of F.I.R. dated 21/04/2020 which shows Mr.
Gnyanendrakumar Ramvilas Vishwakarma – employee of the applicant 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 vehicle to the applicant – original
owner. Copy of Aadhaar Card is annexed as proof of his identify and address.
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
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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
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 TVS Jupiter Scooter bearing No.
MH04JS5045 valued at Rs.25,000/ seized in C.R. No.295/2020 by Bandra
Police Station, be returned to Applicant Mrs. Mamta Balkrishan Sekhri residing
at 303, Savita Chhaya, Behind 28th Road Tava Restaurant, Bandra W, Mumbai
50 on executing indemnity bond of Rs.40,000/ (Rupees Forty 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 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.
Mumbai
Date : 17/06/2020
(Jaydeo Y. Ghule)
Metropolitan Magistrate
12th Court, Bandra, Mumbai
*NKD
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