Final Order 1

Order Details: Order Below EX 1
Pdf Text: Notice Case No. 472/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 Hyundai I10 of red colour car bearing No. MH02BP0938 as well as
original R.C. book of the said vehicle seized in C.R. No.173/2018 registered
under section 420, 406 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 and copy of R.C. book 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 her own
affidavit and submitted that she is registered owner of the said car and she 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 copy of certificate of registration of the said vehicle, it is
seen that the applicant is owner of the said vehicle. The applicant has annexed
verified copy of Aadhaar Card as proof of her 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
allowed on certain terms and conditions. Therefore, I pass the following order :
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ORDER
1] The application is allowed.
2] The seized property namely Hyundai I10 of red colour car bearing
No. MH02BP0938 as well as original R.C. book of the said vehicle seized in
C.R. No.173/2018 by Bandra Police Station, be returned to Applicant
Mrs. Tarini Ramon Menezes residing at near Bhabha Hospital 15, Wind Cliff,
3rd Floor, T.P.S. IV, First Road, Bandra W, Mumbai50 on executing indemnity
bond of Rs.1,00,000/ (Rupees One Lakh Only) with condition that :
a) The applicant shall not to sell, transfer, alienate, dispose off the
said vehicle 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 vehicle in any
mode or manner.
c) The applicant shall produce the said vehicle 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 her
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 : 23/10/2018
(S. R. Sharma)
Metropolitan Magistrate
12th Court, Bandra, Mumbai
*NKD
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