Final Order 1

Order Details: Order Below EX 1
Pdf Text: Notice Case No. 557/N/2020 Shahu Nagar Police Station
ORDER BELOW APPLICAT ION FOR RETURN OF PROPERTY
1] This is an application filed by the applicant for return of property
namely Yamaha motorcycle bearing No. MH01BH3111 valued at Rs.30,000/
seized in C.R. No. 38/2020 for the offences registered u/s. 279, 336 of I.P.C.
r/w. Sec.3(1)/181, 129/177, 184, 198 of M.V. Act by Shahu Nagar Police
Station.
2] On the application say of respondent was called. The Investigating
Officer filed his say wherein no objection to handover custody of seized
property to the applicant on certain terms and conditions is conveyed. While
Ld. APP prayed to reject the application on the ground that the said vehicle is
required at the time of trial.
3] In support of application the applicant has filed on record his own
affidavit and submitted that he is registered owner of the said vehicle and he is
ready to abide every condition 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 certificate of registration, insurance paper of the said vehicle, it
is seen that the applicant is owner of the said vehicle. The applicant has
annexed verified copy of Aadhaar Card as proof 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
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handed over to the original owner. Hence, the application deserves to be
allowed on certain terms and conditions. Therefore, I pass the following order :
O R D E R
1] The application is allowed.
2] The seized property namely Yamaha motorcycle bearing No. MH
01BH3111 valued at Rs.30,000/ seized in C.R. No. 38/2020 by Shahu Nagar
Police Station be returned to Mr. Shahban Mohd. Aslam Shaikh residing at
Sanjay Chawl, Sant Kabir Marg, Indira Nagar, 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 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: 16/10/2020
(Jaydeo Y. Ghule)
Metropolitan Magistrate
12th Court, Bandra, Mumbai.
*NKD
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