Final Order 1

Order Details: Order Below EX 1
Pdf Text: Notice Case No. 381/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 Suzuki Access motorcycle bearing No. MH02FH0787 valued at
Rs.78,000/ seized in C.R. No.152/2020 registered u/s.379 of I.P.C. 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
opposed the application on the ground that the muddemal property is required
for the purpose of investigation and also, no ownership documents are filed on
record.
3] In support of application, the applicant has filed on record his own
affidavit and submitted that he is owner of the said motorcycle and he is ready
to abide every condition imposed by this Court. The applicant has also filed on
record affidavit regarding misplaced of all documents of vehicle including R.C.
Book. Verified copy of N.C. dated 04/01/2020 is filed on record.
4] Perused application, documents, say and affidavit in support of
application. Heard advocate for applicant. On perusal of the application and
copy of insurance paper of the said vehicle, it is seen that the applicant is
owner of the said vehicle. The Applicant has filed on record copy of F.I.R. dated
27/02/2020 which shows the applicant to be the original informant on whose
report crime is registered. 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,
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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 applicant. 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 Suzuki Access motorcycle bearing No.
MH02FH0787 valued at Rs.78,000/ seized in C.R. No.152/2020 by Bandra
Police Station, be returned to Applicant Mr. Dattaram Hira Name residing at
Room No.239, Bhawani Niwas, Warin Pada, Laxmi Nagar, Khardanda, Khar,
Mumbai52 on executing indemnity bond of Rs.1,00,000/ (Rupees One Lakh
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 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 : 18/09/2020
(Jaydeo Y. Ghule)
Metropolitan Magistrate
12th Court, Bandra, Mumbai
*NKD
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