Final Order 1

Order Details: Order Below EX 1
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Notice Case No. 723/N/2020 Bandra Police Station
ORDER BELOW APPLICATION FOR RETURN OF PROPERTY
1] This is an application filed by applicant for return of property
namely TBS CO. NTORQ 125 DISC Scooty bearing No. MH02FF9980 valued
at Rs.60,000/ seized in C.R. No.582/2020 registered u/s.379 of I.P.C. by
Bandra Police Station.
2] On the application say of respondent was called. The Investigating
Officer filed say wherein no objection to handover custody of seized property to
the applicant on certain terms and conditions is conveyed. While Ld. APP
opposed the application on the ground that the muddemal property is required
for the purpose of investigation.
3] In support of application, the applicant has filed on record his own
affidavit and submitted that he is owner of the said vehicle and he is ready to
abide every condition imposed by this Court. The applicant filed another
affidavit and submitted that he has purchased the said vehicle in the year 2019.
He is yet not received R.C. book of the said vehicle because of lockdown.
Hence, he has submitted on record letter of R.T.O. which shows him the owner
of the said vehicle.
4] Perused application, documents, say and affidavit in support of
application. Heard advocate for applicant. On perusal of the application and
verified copy of vehicle particulars, insurance paper of the said vehicle, it is
seen that the applicant is owner of the said vehicle. The Applicant has filed on
record copy of F.I.R. dated 11/09/2020 which shows the applicant to be the
original informant on whose report crime is registered. The applicant has
annexed verified copy of Aadhaar Card as proving of his identify and address.
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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 :
ORDER
1] The application is allowed.
2] The seized property namely TVS CO. NTORQ 125 Scooty bearing
No. MH02FF9980 valued at Rs.60,000/ seized in C.R. No.582/2020 by
Bandra Police Station, be returned to Applicant Mr. Pranil Prabhakar More
residing at 172, Buga Galli, Dandpada Road, near Hanuman Temple, Babu
Bamniya House, Khar Dandpada, Khar Danda W, Mumbai52 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 scooty 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 scooty in any
mode or manner and shall not use for unlawful purpose.
c) The applicant shall produce the said scooty as and when directed
by the Court in the trial or by Investigating Officer in the course of
investigation.
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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.
Mumbai
Date : 19/12/2020
(Jaydeo Y. Ghule)
Metropolitan Magistrate
12th Court, Bandra, Mumbai
*NKD
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