Final Order 1

Order Details: Order Below EX 1
Pdf Text: Notice Case No. 421/N/2021 Bandra Police Station
ORDER BELOW APPLICATION FOR RETURN OF PROPERTY
1] This is an application filed by the applicant for hand over the
custody of seized property Honda X Blade Motorcycle bearing No. MH03DE
4232 seized in C.R. No.164/2021 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 filed say wherein no objection to handover custody of seized property to
the applicant on cerntain 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 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 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 Shaikh Musab Nisar Ahmad 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.
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. On the other hand there is every
possibility that the vehicle will get damaged in case keep at the investigation
agency. Therefore, the application for custody of property certainly deserves to
be allowed as no prejudice is likely to be caused to the investigation agency, if
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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 :
O R D E R
1] The application is allowed.
2] The seized property Honda X Blade Motorcycle bearing No. MH
03DE4232 be hand over to the applicant Mr.Nadim Mohd. Ibrahim Khan on
executing indemnity bond of Rs.1,30,000/ (Rupees One Lakh Thirty 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 vehicle in any
mode or manner and shall not use for unlawful purpose.
c) The applicant shall produce the said vehicle as and when directed.
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 take indemnity bond of the applicant and it shall 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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