Final Order 1

Order Details: Order Below EX 1
Pdf Text: Notice Case No. 245/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 Skoda Motorcar bearing No. MH01CP2624 valued at Rs.8,00,000/
seized in C.R. No.300/2020 registered u/s.188 of I.P.C. r/w. Sec.65(E) of
Prohibition Act 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 on the ground that the property 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 copies of certificate of registration, insurance papers 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 her identify and address.
The applicant has filed on record affidavit of Kunal Deepak Shah 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
copy of his Aadhaar Card as proof of 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,
-- 1 of 2 --
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 Skoda Motorcar bearing No. MH01
CP2624 valued at Rs.8,00,000/ seized in C.R. No.300/2020 by Bandra Police
Station, be returned to Applicant Mrs. Nidhi Kunal Shah residing at 3, Kamla
Niketan, Narayan Dabholkar Road, Next to Aditya Vatika Garden, Malbar Hill,
Mumbai400 006 on executing indemnity bond of Rs.9,00,000/ (Rupees Nine
Lakh Only) with condition that :
a) The applicant shall not to sell, transfer, alienate, dispose off the
said motorcar 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 motorcar in
any mode or manner and shall not use for unlawful purpose.
c) The applicant shall produce the said motorcar 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 : 20/06/2020
(Jaydeo Y. Ghule)
Metropolitan Magistrate
12th Court, Bandra, Mumbai
*NKD
-- 2 of 2 --