Final Order 1

Order Details: Order Below EX 1
Pdf Text: Notice Case No. 535/N/2020 Bandra Police Station
ORDER BELOW APPLICATION FOR RETURN OF PROPERTY
1] This is an application filed by applicant for return of property i.e.
motorcycle bearing No. MH03CE5326 seized in C.R. No.1057/2019
registered u/s.279, 336 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
i.e. Bajaj Pulsar motorcycle No. MH03CE5326 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 at the time of trial.
3] Perused application, documents, say and affidavit in support of
application. Heard advocate for applicant. On perusal of the application and
copies of certificate of registration, insurance papers of the said vehicle, it is
seen that Mr. Ashok Raghu Kadam – father of the applicant is owner of the said
vehicle. Therefore, the applicant has filed on record affidavit of Mr. Ashok
Raghu Kadam original owner of the vehicle wherein he has given no objection
to handover the said vehicle to the applicant. The applicant has annexed
verified copy of PAN Card, driving license as proving of his identify and
address.
4] 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 applicant. Hence, the application deserves to be allowed on
certain terms and conditions. Therefore, I pass the following order :
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ORDER
1] The application is allowed.
2] The seized property namely Bajaj Pulsar motorcycle bearing No.
MH03CE5326 seized in C.R. No.1057/2019 by Bandra Police Station , be
returned to Applicant Mr. Ganesh Ashok Kadam residing at Kurla Garden
Takaya Bai, Savitri Bai Phul Sunder Chawl, Room No.1, LBS Road, Kurla W,
Mumbai70 on executing indemnity bond of Rs.90,000/ (Rupees Ninety
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 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 : 28/09/2020
(Jaydeo Y. Ghule)
Metropolitan Magistrate
12th Court, Bandra, Mumbai
*NKD
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