Final Order 1

Order Details: Order Below EX 1
Pdf Text: C.C. No. : 782/N/2019
Application for Return of Property
1. Applicant Ajay Sanjay More filed this application for return of the property
u/sec.457 of Cr.P.C. According to the applicant, Khar police station registered the
Crime No.593/2019 for offence u/sec.379 of I.P.C against the accused. During the
investigation, Honda Deo Motor scooter bearing registration no.MH47Z3716 is
seized by the police. Applicant is the registered 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 property
claimed by applicant is required during trial for identification 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 registered owner of the motor scooter. To support his
contention, he has filed Copy of R.C. Book, Certified Copy of Registration. 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 Khar Police Station, if in possession of the Honda Deo
motor scooter bearing registration no. MH47Z3716
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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.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 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.
( P. V. Bulbule )
Addl. Chief Metropolitan Magistrate,
Dt.16.12.2019 9th Court, Bandra, Mumbai.
Kkg
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