Final Order 1

Order Details: Order Below EX 1
Pdf Text: Notice Case No. 280/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
TATA SAFARI EX vehicle bearing No. MH43AR1208, Voter ID, PAN Card,
Driving License, ATM Cards, Railway Tickets, Cash of Rs.6,500/ and one folder
containing bank passbook, legal documents seized in C.R. No.292/2020 for the
offences u/s.117, 153(A), 188, 269, 270, 505(2) of I.P.C. r/w. Sec. 3 of Epidemic
Act registered by Bandra Police Station.
2] On the application say of respondent was called. The Investigating
Officer and Ld. APP filed their say and raised objection to handover custody of
seized property to the applicant on the ground that the offence is serious one.
Investigation is in progress.
3] Perused application, documents, say and affidavit in support of
application. Heard advocate for applicant. On perusal of the application and
copies of certificate of registration, insurance papers of the said vehicle which was
seized from the custody of applicant/accused, it is seen that one Mr. Vinayak M.
Gharat is owner of the said vehicle. Therefore, the applicant has filed on record
affidavit of Vinayak M. Gharat and he gave no objection to handover the said
vehicle to the applicant. Also, the applicant has filed documents pertaining to
transfer of ownership of a motor vehicle which shows the said vehicle got
transferred in the name of applicant by Vinayak M. Gharat.
4] So far as the property of vehicle is concerned, the other property
mentioned by applicant i.e. documents seized by Investigating Officer which has
not been mentioned by the Investigating Officer. He merely stated about the other
documents but not given details of the said documents. On the other hand, the
Court can consider some important documents like PAN Card, Bank Passbook and
Driving License. Considering the above facts and circumstances, I pass the
following order.
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ORDER
1] The application is partly allowed.
2] The seized property namely TATA SAFARI EX vehicle bearing No.
MH43AR1208, PAN Card, Driving License, Bank passbook seized in C.R.
No.292/2020 by Bandra Police Station be returned to the Applicant Mr. Vinay
Jatashankar Dubey residing at Room No.5, Bldg. No.20, Ekta Apartment, Sec.17,
Airoli, Navi Mumbai on executing indemnity bond of Rs.5,00,000/ (Rupees Five
Lakh only) with condition that
a) The applicant shall not to sell, transfer, alienate, dispose off the said
vehicle 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 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 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 : 25/08/2020
(Jaydeo Y. Ghule)
Metropolitan Magistrate
12th Court, Bandra, Mumbai
*NKD
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