Final Order 1

Order Details: Order Below EX 1
Pdf Text: Notice Case No. 599/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 Yamaha FZ (2) motorcycle bearing No. MH04JC0574 valued at
Rs.1,31,000/ seized in C.R. No.277/2019 (C.C. No.1975/PS/2019) registered
under section 279, 336 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] In support of application, the applicant has filed on record his own
affidavit and submitted that he is owner of the said motorcycle and he is ready
to abide every conditions imposed by this Court. He further submits that the
original R.C. Book is with motorcycle and in the custody of police station.
4] Perused application, documents, say and affidavit in support of
application. Heard advocate for applicant. On perusal of the application and
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 copies of Aadhaar Card and Driving License 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 original owner. Hence, the application deserves to be
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allowed on certain terms and conditions. Therefore, I pass the following order :
ORDER
1] The application is allowed.
2] The seized property namely Yamaha FZ (2) motorcycle bearing No.
MH04JC0574 valued at Rs.1,31,000/ seized in C.R. No.277/2019 (C.C.
No.1975/PS/2019) by Bandra Police Station, be returned to Applicant
Mr.Faizal Ajaz Shaikh residing at 503, Paradise Tower, near Shadi Mahal Hall
Road, Behind Ajjwa Sweets, Amrut Nagar, Mumbra, Thane 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 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 : 10/12/2019
(Jaydeo Y. Ghule)
Metropolitan Magistrate
12th Court, Bandra, Mumbai
*NKD
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