Final Order 1

Order Details: Order Below EX 1
Pdf Text: MHMM180024252021 ORDER BELOW EXH.1 IN NOTICE
CASE NO.572/N/2021,
APPLICATION FOR RETURN OF
PROPERTY IN CRIME NO.183 OF
2021, REGISTERED AT POLICE
STATION BANDRA
ORDER
(16th June 2021)
This application filed by Mr. Mohd. Danish Mohd. Ayub Khan for interim
custody of Suzuki Access 125 motorcycle bearing No.MH01DN6408 which is
seized in Crime no.183 of 2021, under Sections 279, 336, 338 of IPC and under
Section 184 of Motor Vehicle Act registered at Bandra Police Station, Mumbai
vide Section 457 of Cr.P.C.
2. Read the application, say of the Investigating Officer and learned APP for
the State thereon. Heard both side at length.
3. Upon the rival contention of both sides and xerox copies of documents
duly verified by Judicial Clerk of this Court from original, it prima facie shows
that the applicant is the registered owner of the seized vehicle Suzuki Access
125 motorcycle bearing No.MH01DN6408. The said vehicle seized by police
official and still lying at the police station. The Investigating Officer and
learned APP for the State have objected the said application on the ground that
it will be used for committing similar types of offence.
4. Considering the rival submission of both the side and nature of the
offence it pertains to note that, seized vehicle should not be kept in police
station for a long period. It well settled that a seized vehicle can be returned to
the owner by the Magistrate after taking appropriate bond, guarantee, as well
as security for the return of the said vehicle if required at any point of time.
5. In the case at hand the applicant is registered owner as seen from
verified documents. Therefore, it is just and proper to handover interim
custody of the seized vehicle to the applicant. In the result, I pass following
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order :
ORDER
In view of body of the order interim custody of seized vehicle Suzuki
Access 125 motorcycle bearing No.MH01DN6408 be given to the applicant
on following conditions :
i. He shall execute Indemnity Bond of
Rs.75,000/ and solvent surety of Rs.15,000/
at concern police station.
ii. He shall produce all original documents of the
vehicle before the Investigating Officer for
verification.
iii. He shall not effect any change or alternation in
the physical feature of the said vehicle without
prior permission of the Court.
iv. He shall not effect any transfer by way of sell
or alienation or mortgage, pledge or
hypothecation of the said vehicle until further
order.
v. He shall produce the vehicle as and when
directed by this Court during the inquiry and
trial.
vi. The Investigating Officer is directed to release
the said vehicle after aforesaid compliance of
the conditions by the applicant and submit the
report of the same along with documentation
with chargesheet.
vii. The Judicial Clerk of this Court is directed to
forward copy of this order to the concern
police station for compliance along with letter.
Accordingly, application disposed off.
Sd/
(Satish B. Hiwale)
Date : 16.06.2021 Metropolitan Magistrate,
12th Court, Bandra, Mumbai
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