Final Order 1

Order Details: Order Below EX 1
Pdf Text: Notice Case No. 658/N/2020 Khar Police Station
ORDER BELOW APPLICATION FOR RETURN OF PROPERTY
1] This is an application filed by applicant Naresh Sukhdeo Pardeshi for
return of property namely Motorcycle Royal Enfield Classic 350 bearing No. MH02
EL8855 valued at Rs. 80,000/ 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 motorcycle 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 motorcycle, it is
seen that the applicant is owner of the said vehicle. 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 Aadhar Card, R.C.
Book, Driving License, Insurance papers, 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
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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 Motorcycle Royal Enfield Classic 350
bearing No. MH02EL8855 valued at Rs. 80,000/ seized in C.R. No.545/2020
registered U/Sec. 341, 160 of I.P.C. by Khar Police Station, be returned to Applicant
Naresh Sukhdeo Pardeshi residing at Khar (W) Mumbai on executing indemnity
bond of Rs.80,000/ (Rupees Eighty 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.
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Notice Case No.658/N/2020 Khar Police Station
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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.
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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