Final Order 1

Order Details: Order Below EX 1
Pdf Text: Notice Case No. 616/N/2020 Khar Police Station
ORDER BELOW APPLICATION FOR RETURN OF PROPERTY
1] This is an application filed by applicant Dinesh DhuniPrasad Pardeshi
for return of property namely three motor vehiclesTOYOTA Innova bearing No.
MH02CR2525, TOYOTA ETIOS bearing no. MH02CR2828 and SWIFT D'ZIRE
bearing no. MH02BQ2525 totally valued at Rs.25,00,000/ seized in C.R.
No.545/2020 registered U/Sec. 341, 160 of I.P.C. by Khar Police Station.
2] On the application say of respondent was called. The Investigating
Officer and Ld. APP filed their say wherein no objection to handover custody of
seized property to the applicant on certain terms and conditions is conveyed.
3] In support of application, the applicant has filed on record his own
affidavit and submitted that he is owner of the said three vehicles and has given
undertaking.
4] Perused application, documents filed on record, say of police and
affidavit in support of application. Heard advocate for applicant. On perusal of the
application and verified copy of certificate of registration of the said three vehicles,
it is seen that the applicant is owner of the said vehicles. The applicant has filed on
record xerox copy of F.I.R. dated 15/10/2020 which shows police personnel on
duty by name Abhishek Manohar Rane to be the original informant on whose report
crime is registered. The applicant has annexed verified copies of PAN Card, Aadhar
Card, R.C. Book, Driving License , Insurance papers, as proving of his identify and
address, so also annexed Agreement of Service Contract for Fitment Certificate.
5] At this stage except the applicant there is no other claimant who has
claimed the custody of seized vehicles. Admittedly the said vehicles cannot be
termed as weapon and no purpose is likely to be served by detaining the said
vehicles in the custody of investigation agency till conclusion of trial. On the other
hand there is every possibility that the vehicles will get damaged in case keep in
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open which are 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 allowed on certain terms and
conditions. Therefore, I pass the following order :
ORDER
1] The application is allowed.
2] The seized property namely three motor vehicles viz TOYOTA Innova
bearing No. MH02CR2525, TOYOTA ETIOS bearing no. MH02CR2828 and
SWIFT D'ZIRE bearing no. MH02BQ2525 totally valued at Rs.25,00,000/ seized
in C.R. No.545/2020 registered U/Sec. 341, 160 of I.P.C. by Khar Police Station be
returned to Applicant Dinesh DhuniPrasad Pardeshi residing at Khar (W) Mumbai
on executing indemnity bond of Rs.25,00,000/ (Rupees Twenty Five Lakhs Only)
with condition that :
a) The applicant shall not to sell, transfer, alienate, dispose off the said
motorcars 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 motor cars in any
mode or manner and shall not use for unlawful purpose.
Notice Case No.616/N/2020 Khar Police Station
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c) The applicant shall produce the said motor cars 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.
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Investigating Officer further directed to file indemnity bond in the Court. On filing
of indemnity bond, it be attached with the chargesheet.
Order accordingly.
sd/
Mumbai
Date : 07/11/2020
(Jaydeo Y. Ghule)
Metropolitan Magistrate
12th Court, Bandra, Mumbai
I/c. Addl. Chief Metropolitan Magistrate,
9th Court, Bandra, Mumbai.
ASD.
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