Final Order 1

Order Details: Order Below EX 1
Pdf Text: Notice Case No. 790/N/2019 Bandra Police Station
ORDER BELOW APPLICATION FOR RETURN OF PROPERTY
1] This is an application filed by applicant for return of property namely
KTM Duke 200 motorcycle bearing No. MH02EX8430 valued at Rs.1,00,000/
seized in C.R. No.903/2019 registered U/Sec.379 of I.P.C. by Bandra Police
Station.
2] On the application say of respondent was called. The Investigating
Officer and Ld. APP filed their 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 owner of the said motorcycle and possess all
relevant documents.
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 copies of certificate of registration, insurance paper of the
said motorcycle, it is seen that the applicant is owner of the said vehicle. The
Applicant has filed on record copy of F.I.R. dated 05/11/2019 which shows one
Mr. Sudhir Govind More to be the original informant on whose report crime is
registered. Therefore, the applicant has filed on record affidavit of original
informant Sudhir Govind More wherein on oath he has stated that the applicant is
real owner of the said motorcycle and he has no objection to handover the said
motorcycle to the applicant. He has annexed verified copy of his Aadhaar Card as
proof of identify and address. The applicant has annexed her verified copy of
Aadhaar Card as proof of her 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 KTM Duke 200 motorcycle bearing No.
MH02EX8430 valued at Rs.1,00,000/ seized in C.R. No.903/2019 by Bandra
Police Station, be returned to Applicant Mrs. Snehal Sudhir More residing at Jafar
Baba Hill Pipal Soc., Kadeshwari Mandir Marg, Bandra W, Mumbai on executing
indemnity bond of Rs.1,20,000/ (Rupees One Lakh Twenty Thousand 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 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.
Mumbai
Date : 14/01/2020
(Jaydeo Y. Ghule)
Metropolitan Magistrate
12th Court, Bandra, Mumbai
*NKD
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