Final Order 1

Order Details: Order Below EX 1
Pdf Text: C.C. No. : 758/N/2019
Application for Return of Property
1. Applicant Salim Abdul Jabbar Shaikh filed this application for return of the
property u/sec.457 of Cr.P.C. According to the applicant, Mahim police station
registered the Crime No.204/2019 for offence u/sec.420 of I.P.C against the
accused. During the investigation, Honda Deo Motor scooter bearing registration no.
MH01DD7437 is seized by the police. Applicant's father is the owner of the said
motor scooter. He is ready to abide the conditions. Therefore, prayed to give interim
custody of said scooter to him.
2. Ld. APP filed the say underneath the application and submitted that offence
has been committed with the help of property and accordingly conditions may be
imposed. I.O. may also directed to obtain photographs, and to prepare panchanama
of the property. I.O. filed the say and submitted that the property recovered as
mentioned in the application and he has no objection to return the said property on
the terms and conditions.
3. Heard the Ld. Counsel for the applicant. In the affidavit, applicant has
submitted that he is the owner of the motor scooter. To support his contention, he
has filed Copy of R.C. Book, Copy of Insurance Policy, Copy of driving License
and Aadhar Card. Nobody has claimed the property. Hence, on the conditions,
interim custody be given to the applicant. With the result, I pass the following order
:
O R D E R
The Inspector of Mahim Police Station, if in possession of the Honda Deo
motor scooter bearing registration no. MH01DD7437
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mentioned in the application, shall hand over the same to the present applicant.
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Before that the applicant to furnish Indemnity Bond for Rs.90,000/ (Rupees
Ninety Thousand Only) undertaking to the effect that,
(a) He will not alienate, destroy, give on rent or part with the possession of the
above vehicle,
(b) He will produce the said vehicle before the Police Station or the Court as
directed by this Court.
(c) That the applicant to furnish photographs of the vehicle to the police station,
which later on to be filed alongwith the final report in the Court by the police.
(d) Applicant shall not use the said vehicle for committing any other offence.
( P. V. Bulbule )
Addl. Chief Metropolitan Magistrate,
Dt.13.12.2019 9th Court, Bandra, Mumbai.
Kkg
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