Final Order 1

Order Details: Order Below EX 1
Pdf Text: … 1 ...
ORDER BELOW APPLICATION FOR RETURN OF PROPERTY IN
NOTICE NO.371/N/2020
1. The present application is filed for return of Bajaj Avenger
220 bearing No. KL60F9590, seized by the BKC police Station in Spl.
L. A. C.R.No.14/2020 registered u/sec. 65 (e) of Mumbai Prohibition
Act.
2. The I. O. has objected to handover the vehicle to the
applicant.
3. The applicant claims that he is the owner of the said
vehicle. He has produced copies of FIR, Registration Certificate,
Insurance policy and Aadhar card etc. in support of his version. No one
else has claimed the custody of the said vehicle. There is no likelihood
that the trial will commence and conclude in near future. The vehicle
may get damaged if remained in idle condition for long period. In this
context, a reference can be made on the ruling of Hardayalsingh
Harcharansingh VsSuptd. Of State Excise, 2003, All M.R. (Cri.)
554 wherein it is observed that, it is not always that the property used
for transportation of a contraband is to be confiscated. The observation
of the Hon'ble High Court is applicable to the case in hand. The
question whether the vehicle was used for the transportation of liquor,
can be decided only after recording of the evidence in the case.
Therefore, considering these circumstances, it will be proper to release
interim custody of the vehicle in favour of the applicant by imposing
conditions. As such following order is passed:
ORDER
1. The custody of Bajaj Avenger 220 bearing No. KL60F
9590, seized by the BKC police Station in Spl. L. A. C.R.No.14/2020
-- 1 of 2 --
… 2 ...
registered u/sec. 65 (e) of Mumbai Prohibition Act be handed over to
the applicant.
2. The applicant to execute indemnity bond of Rs.1,00,000/.
3. The applicant is directed not to sell, transfer, alter, dispose
or hand over the seized vehicle to third person without prior permission
of court and to produce the concerned vehicle before the Court,
whenever required for trial.
4. The applicant should not use or allow to be used the said
vehicle for any illegal purpose.
5. The Investigating Officer is directed to take the
photographs of the seized property, at the cost of the applicant and to
produce the photographs and the indemnity bond along with the final
report.
Metropolitan Magistrate,
Date: 28.07.2020 71st Court, Bandra, Mumbai.
-- 2 of 2 --