Final Order 1

Order Details: Order Below EX 1
Pdf Text: Notice Case No. 531/N/2021 Dharavi 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 Yamaha FZS Motorcycle bearing No. MH03BR
9216 valued of Rs.40,000/ seized in C.R. No.01/2021 for the offences u/s.
379, 120(B), 182, 34 of I.P.C. r/w. Sec. 3, 25 of Arms Act registered at Dharavi
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 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 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, efee receipt of the said motorcycle , it
is seen that the applicant is owner of the said vehicle. The applicant has
annexed verified copy of Aadhaar Card as proving 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
handed over to the original owner. Hence, the application deserves to be
allowed on certain terms and conditions. Therefore, I pass the following order :
-- 1 of 2 --
ORDER
1] The application is allowed.
2] The seized property Yamaha FZS Motorcycle bearing No. MH03
BR9216 valued of Rs.40,000/ be hand over to the applicant Mr. Khilkat
Hussain Najir Ahmed Shah residing near Hanuman Mandir, A4, Naik Nagar,
Lal Bahadur Shashtri Marg, Sion, Mumbai22 on executing indemnity bond of
Rs.80,000/ (Rupees Eighty Thousand only) with condition that
a) The applicant shall not to sell, transfer, alienate, dispose off the
said motorcycle 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 motorcycle in
any mode or manner and shall not use for unlawful purpose.
c) The applicant shall produce the said motorcycle 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 take indemnity bond of the applicant and it shall be attached with
the chargesheet.
Order accordingly.
Sd/
Mumbai
Date : 10/06/2021
(M. Y. Wagh)
Metropolitan Magistrate
I/C. 12th Court, Bandra, Mumbai
-- 2 of 2 --