Final Order 1

Order Details: Order Below EX 1
Pdf Text: Notice Case No. 798/N/2019 Dharavi Police Station
ORDER BELOW APPLICATION FOR RETURN OF PROPERTY
1] This is an application filed by applicant for return of property
namely Honda Activa Scooter bearing No. MH03BG1450 valued at
Rs.20,000/ seized in C.R. No.517/2019 for the offence u/s.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 his own
affidavit and submitted that he is owner of the said vehicle and he is ready to
abide every conditions imposed by this Court.
4] Perused application, documents, say and affidavit in support of
application. Heard advocate for applicant. On perusal of the application and
verified copy of certificate of registration, insurance paper, pollution test
certificate of the said vehicle, it is seen that the applicant is owner of the said
vehicle. The Applicant has filed on record copy of F.I.R. dated 10/11/2019
which shows Mr. Balaji Saudagar Kokane to be the original informant on whose
report crime is registered. Therefore, the applicant has filed on record affidavit
cum NOC of original informant wherein he has given no objection to handover
the said vehicle to the applicant being his brotherinlaw. Copy of Aadhaar Card
as proof of his identify and address is annexed. The applicant has annexed
verified copy of his Aadhaar Card as proving of his identify and address.
5] At this stage except the applicant/accused 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
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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 Scooter bearing No. MH
03BG1450 valued at Rs.20,000/ seized in C.R. No.517/2019 by Dharavi
Police Station, be returned to Applicant Mr. Mohan Narsing Pol residing at
Shop No.LG 511, Indira Nagar, Sundar Baug, Opp. Laxmi Tea Center, Kamani
Kurla W, Mumbai70 on executing indemnity bond of Rs.40,000/ (Rupees
Forty Thousand Only) with condition that :
a) The applicant shall not to sell, transfer, alienate, dispose off the
said scooter 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 scooter in any
mode or manner and shall not use for unlawful purpose.
c) The applicant shall produce the said scooter 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 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
chargesheet in the Court.
Order accordingly.
Mumbai
Date : 15/02/2020
(Jaydeo Y. Ghule)
Metropolitan Magistrate
12th Court, Bandra, Mumbai
*NKD
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