Final Order 1

Order Details: Order Below EX 1
Pdf Text: Notice Case No. 531/N/2018 Dharavi Police Station
ORDER BELOW APPLICATION FOR RETURN OF PROPERTY
1] This is an application filed by applicant for return of property
namely Activa 3G motorcycle bearing No. MH04HQ3418 seized in C.R.
No.194/2018 registered under section 379, 34 of the Indian Penal Code by
Dharavi Police Station.
2] On the application say of Investigating Officer was called. The
Investigating Officer has filed say wherein objection raised to handover custody
of seized property to the applicant.
3] In support of application, the applicant has filed on record his own
affidavit and submitted that he is registered owner of the said motorcycle 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 of the said
motorcycle, it is seen that the applicant is owner of the said vehicle. The
applicant has annexed verified copy of Aadhaar Card as proving of identify and
address.
5] Also perused copy of chargesheet filed on record and search
panchanama annexed thereto shows the said motorcycle is seized during
panchanama from accused no.2 Mohd. Waris Sajjad Hussain Shaikh who is son
of present applicant.
6] 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
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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 Activa 3G motorcycle bearing No. MH
04HQ3418 seized in C.R. No.194/2018 by Dharavi Police Station , be returned
to Applicant Mr. Sajjad Hussain Ishaque Shaikh residing at 205, 2nd Floor,
Rabiya Manzil, Kausa Market, Kausa Police Chowky, Thane on executing
indemnity bond of Rs.40,000/ (Rupees Forty 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 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 : 05/09/2018
(S. R. Sharma)
Metropolitan Magistrate
12th Court, Bandra, Mumbai
*NKD
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