Final Order 1

Order Details: Order Below EX 1
Pdf Text: Notice Case No. 521/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
Honda Activa motorcycle bearing No. MH02EL8591 valued at Rs.30,000/
seized in C.R. No.263/2018 registered under section 379 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 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 motorcycle 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 verified copy of certificate of registration, insurance papers etc. of
the said motorcycle, it is seen that the applicant is owner of the said vehicle. The
applicant has annexed her verified Aadhaar copy as proving of identify and
address. The Applicant has also filed on record xerox copy of F.I.R. dtd.
13/05/2018 which shows Amitraj Pramilkumar Chaturvedi to be the original
informant on whose report crime is registered. Also he is brother of applicant.
Therefore, the applicant has filed on record affidavit of Amitraj Pramilkumar
Chaturvedi who gave no objection to handover the said motorcycle to the
applicant and he has annexed his verified driving license 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
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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 :
ORDER
1] The application is allowed.
2] The seized property namely Honda Activa motorcycle bearing
No.MH02EL8591 valued at Rs.30,000/ seized in C.R. No.263/2018 by Bandra
Police Station, be returned to Applicant Smt. Hemlata Rajesh Gupta residing at
Flat No.2, Building No.B2, Indralok Apartment, Old Nagardas Road, Andheri E,
Mumbai–400069 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 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 undertake not to use the said motorcycle for
commission of any offence.
e) 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 : 09/08/2018
(S. R. Sharma)
Metropolitan Magistrate
12th Court, Bandra, Mumbai
*NKD
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