Final Order 1

Order Details: Order Below EX 1
Pdf Text: Case No. : 781/N/2019
C. R. No.: 291/2019
of Mahim Police Station
Order below application for Return of property
1. It appears that Mahim Police Station has seized one Honda Activa motorcycle
bearing registration No.MH03BQ1219 valued Rs.30,000/ in crime no. 291/2019
from the custody of accused. Present applicant is the registered owner of the above
mentioned motorcycle and seeking custody of the said motorcycle on the basis of the
ownership. To support his claim, applicant has filed copy of F.I.R., Copy of
Certificate of Registration, Copy of Insurance Paper and his own affidavit on record.
2. On this application say of Ld. APP, I.O and accused was called. Ld. APP
submitted that, property claimed by applicant is required during trial and hence,
submitted to pass necessary order. I.O. have no objection to return seized property
to the applicant on conditions. Notice was served to accused, but accused failed to
file his say till today.
3. On the basis of documents filed on record, it is confirmed that, present
applicant is the original owner of seized motorcycle. No purpose would be served by
keeping motorcycle in the police station. Therefore, applicant is entitled to get
custody of motorcycle on certain conditions. With this, I proceed to pass following
order :
O R D E R
The Inspector of Mahim Police Station, if in possession of the Honda Activa
motorcycle bearing registration No.MH03BQ1219, shall hand over the same to the
present applicant.
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Before that the applicant to furnish Indemnity Bond on nonjudicial stamp
paper of Rs.100/ for Rs.30,000/ (Rupees Thirty Thousand Only) undertaking to
the effect that,
(a) he will not alienate, destroy, give on rent or part with the possession of
the above motorcycle,
(b) he will produce the said vehicle before the Police Station or the
court as and when directed by this Court.
(c) that the applicant to furnish photographs of motorcycle to the police
station, which lateron to be filed along with the final report in the Court by
the police.
( S. K. Mungilwar )
Addl. Chief Metropolitan
Magistrate,
9th Court, Bandra, Mumbai.
Dt.11.11.2019
kkg
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