Final Order 1

Order Details: Order Below EX 1
Pdf Text: Notice Case No. 516/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 Mercedes Benz motor car bearing No. MH04EZ0999 valued at
Rs.20,00,000/ seized in M.E.C.R. No.8/2018 registered under section 420 of
the Indian Penal Code by Bandra Police Station.
2] On the application say of Investigating Officer 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.
3] In support of application, the applicant has filed on record his own
affidavit and submitted that he is owner of the said Mercedes car and had
purchased the said car from Mrs. Hetal Gala and he has possessed the
documents in that respect. The applicant further submitted that he is in urgent
need of the said car 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, vehicle
particulars, clearance certificate etc. of the said car, it is seen that the applicant
is owner of the said vehicle. He has also filed verified Aadhaar copy as proving
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
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 one Mercedes Benz motor car bearing
No. MH04EZ0999 valued at Rs.20,00,000/ seized in M.E.C.R. No.8/2018 by
Bandra Police Station, be returned to Applicant Mr. Gundappa Suresh Devkar
residing at Venkatesh Niwas, Venkatesh Nagar, Charanwadi Singare Devlali
Camp, Nashik, Maharashtra 422401 on executing indemnity bond of
Rs.20,00,000/ (Rupees Twenty Lakhs Only) with condition that :
a) The applicant shall not to sell, transfer, alienate, dispose off the
said car 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 car in any
mode or manner and shall not use for unlawful purpose.
c) The applicant shall produce the said car as and when directed by
the Court in the trial or by Investigating Officer in the course of
investigation.
d) The applicant shall undertake not to use the said car for
commission of any offence.
e) 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: 01/08/2018
(S. R. Sharma)
Metropolitan Magistrate
12th Court, Bandra, Mumbai
*NKD
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