Final Order 1

Order Details: Order Below EX 1
Pdf Text: Notice Case No. 425/N/2020 Shahu Nagar Police Station
ORDER BELOW APPLICATION FOR RETURN OF PROPERTY
1] This is an application filed by applicant for return of property
namely motorcycle bearing No. MH01BE3345 seized in C.R. No.270/2020
registered u/s.379 of I.P.C. by Shahu Nagar 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
i.e. C.B. Unicorn motorcycle No.MH01BE3345 to the applicant on certain
terms and conditions is conveyed. Ld. APP submitted that the said vehicle is
required at the time of trial. Hence, prayed to reject the application.
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 vehicle particulars, insurance papers, certificate of taxation 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 25/06/2020 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,
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
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allowed on certain terms and conditions. Therefore, I pass the following order :
ORDER
1] The application is allowed.
2] The seized property namely C.B. Unicorn motorcycle bearing
No.MH01BE3345 seized in C.R. No.270/2020 by Shahu Nagar Police Station,
be returned to Applicant Mr. Anil Ashok Otari @ Anil Ashok Vatare residing at
Room No.898 GN, Kamla Nagar, Jasmine Mill Road, Dharavi, Mumbai17 on
executing indemnity bond of Rs.50,000/ (Rupees Fifty 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 his
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 : 31/08/2020
(Jaydeo Y. Ghule)
Metropolitan Magistrate
12th Court, Bandra, Mumbai
*NKD
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