Final Order 1

Order Details: Order Below EX 1
Pdf Text: Notice Case No. 584/N/2019 Bandra Police Station
ORDER BELOW APPLICATION FOR RETURN OF PROPERTY
1] This is an application filed by applicant for return of property
namely Honda CB Unicorn motorcycle bearing No. MH01CW6244 seized in
C.R. No.279/2019 (C.C. No.1519/PS/2019) registered under section 279, 336,
34 of I.P.C. r/w. Sec.129, 184 of M. V. Act by Bandra 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] Perused application, documents and say. Heard advocate for
applicant. On perusal of the application and verified copies of certificate of
registration, insurance paper of the said motorcycle, it is seen that the applicant
is owner of the said vehicle. The applicant has annexed verified copy of
Aadhaar Card as proving of his identify and address.
4] At this stage except the applicant/accused 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 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.
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2] The seized property namely Honda CB Unicorn motorcycle bearing
No. MH01CW6244 seized in C.R. No.279/2019 (C.C. No.1519/PS/2019) by
Bandra Police Station, be returned to Applicant Mr. Jassim Akhtar Khan 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.
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
chargesheet in the Court.
Order accordingly.
Mumbai
Date : 11/12/2019
(Jaydeo Y. Ghule)
Metropolitan Magistrate
12th Court, Bandra, Mumbai
*NKD
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