Final Order 1

Order Details: Order Below EX 1
Pdf Text: Notice Case No. 243/N/2018 Dharavi Police Station
ORDER BELOW APPLICATION FOR RETURN OF PROPERTY
1] This is an application filed by applicant for returning of property
i.e. 1) one H.P. Laptop, 2) mobile phone, 3) Activa (Honda bike) and 4) cash of
Rs.53,000/ total valued of Rs.1,26,500/ seized in C.R. No.91/2018 for the
offence u/s.379, 380 of the I.P.C. registered by Dharavi Police Station.
2] On the application say of Investigating Officer was called. The
Investigating Officer has filed say, gave no objection to handover custody of
seized property i.e. 1) one H.P. Co. Laptop valued of Rs.20,000/, 2) Cash of
Rs.53,200/, 3) one Jio Co. mobile valued of Rs.1500/, 4) motorcycle bearing
No.MH01CX2973 seized in C.R. No.91/2018 to the applicant on certain
terms and conditions.
3] In support of application, the applicant has filed on record his
“Affidavit” and has given undertaking. The applicant has filed on record
photocopy of R.C. Book, insurance papers, purchase receipt of the said
motorcycle. The applicant has also filed on record xerox copy of F.I.R. dtd.
24/02/2018 gives details of seized property.
4] At this stage except applicant there is no other claimant who has
claimed the custody of seized articles. The seized articles may get damaged
permanently, if remained with police stn. for long period. No purpose is likely
to be served by keeping the said articles at police station till the conclusion of
trial. If seized property is handed over to applicant on bond by way of interim
custody no serious prejudice or harm would be caused to accused and
prosecution. Hence, 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.
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2] The seized articles i.e. 1) one H.P. Co. Laptop valued of
Rs.20,000/, 2) Cash of Rs.53,200/, 3) one Jio Co. mobile valued of Rs.1500/,
4) motorcycle bearing No.MH01CX2973 seized in C.R. No.91/2018 by
Dharavi Police Station be returned to the Applicant Mr. Mohd. Imtiyaz Mohd.
Niyaz Shaikh residing at Room No.A/237, Saibaba Nagar, 90 ft Road, Opp.
Shamiyana Hotel, Dharavi, Mumbai400 17 on executing indemnity bond of
Rs.1,50,000/ (Rupees One Lakh Fifty Thousand only) with condition that
a) The applicant shall not to sell, transfer, alienate, dispose off or
handover the said seized laptop, mobile and motorbike to third
person without prior permission of Court.
b) The applicant shall produce the said laptop, mobile and motorbike
as and when directed by the Court or I.O. in the trial or in the
course of investigation as and when directed.
c) The applicant shall deposit the amount of Rs.53,200/ in the court
as and when directed by this court in the future.
d) The applicant shall follow the conditions imposed on him
scrupulously.
3] The I.O. is directed to take the above indemnity bond of applicant
and shall return the muddemal on due verification of applicant. I.O. 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: 28/03/2018
(R. S. Sarkale)
Metropolitan Magistrate
12th Court, Bandra, Mumbai
*NKD
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