Final Order 1

Order Details: Order Below EX 1
Pdf Text: Notice Case No. 418/N/2018 Bandra Police Station
ORDER BELOW APPLICATION FOR RETURN OF PROPERTY
1] This is an application filed by applicant for return of property
namely Bajaj Pulsar 220 motorcycle bearing No. MH48Z3213 valued at
Rs.30,000/ seized in C.R. No.179/2018 registered under section 279, 336, 114
of the Indian Penal Code by Bandra Police Station.
2] On the application say of Investigating Officer was called. The
Investigating Officer has filed say wherein he raised objection to handover
custody of seized property to the applicant.
3] In support of application, the applicant has filed on record his own
affidavit and submitted that he is registered owner of the said motorcycle and
he will abide every condition imposed by this court.
4] Perused application, documents filed on record, say of police and
affidavit in support of application. Heard advocate for applicant. On perusal of
the application and verified copy of certificate of registration 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, Driving Licence as proof
of his identify and address. The applicant has filed on record affidavit of Sohail
Fakruddin Qureshi who is one of the accused in the said crime from whom the
police has seized the said motorcycle. He gave no objection to handover the
said motorcycle to the applicant. He has annexed verified copy of his Aadhaar
Card as proof of 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
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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.
2] The seized property namely Bajaj Pulsar 220 motorcycle bearing
No.MH48Z3213 valued at Rs.30,000/ seized in C.R. No.179/2018 by
Bandra Police Station, be returned to Applicant Mr. Azam F. Qureshi residing at
R.No.503, 5th Floor, Plot No.B3, Rangari Chawl, Falkland Road, 5 th Cross Lane
Kolsa Gulli, Giragon, Mumbai 400 004 on executing indemnity bond of
Rs.30,000/ (Rupees Thirty Thousands 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.
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.
Sd/
Mumbai
Date : 12/11/2018
(S. R. Sharma)
Metropolitan Magistrate
12th Court, Bandra, Mumbai
*NKD
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