Final Order 1

Order Details: Order Below EX 1
Pdf Text: Notice Case No. 659/N/2020 Bandra Police Station
ORDER BELOW APPLICATION FOR RETURN OF PROPERTY
1] This is an application filed by applicant/accused for return of
property namely Bajaj Avenger motorcycle bearing No. MH47M1786 seized
in C.R. No.622/2018 (C.C. No. 531/PW/2019) registered for the offence
u/s.392, 34 of I.P.C. by Bandra Police Station.
2] On the application say of respondent was called. The Investigating
Officer and Ld. APP filed say wherein they raised objection to handover custody
of seized property to the applicant. They submitted that the accused may
commit similar type of offence in the future.
3] In support of application, the applicant has filed on record his own
affidavit and submitted that his motorcycle is lying in police station 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. He 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 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 Avenger motorcycle bearing No.
MH47M1786 seized in C.R. No.622/2018 (C.C. No. 531/PW/2019) by
Bandra Police Station, be returned to Applicant Mr. Mohammed Mansur Khan
residing at Room No.14, Musabhai Chawl, Seva Nagar, Prabhat Colony,
Santacruz E, Mumbai55 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 : 22/12/2020
(Jaydeo Y. Ghule)
Metropolitan Magistrate
12th Court, Bandra, Mumbai
*NKD
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