Final Order 1

Order Details: Order Below EX 1
Pdf Text: C.C. No. : 814/N/2019
Application for Return of Property
1. Applicant Narayan Mahatan Gupta filed this application for return of the
property u/sec.457 of Cr.P.C. According to the applicant, Mahim police station
registered the Crime No.381/2019 for offence u/sec.457, 380, 511 r/w sec.34 of
I.P.C against the accused. During the investigation, Maruti EECO Taxi bearing
registration no. MH01CV0457 is seized by the police, as the accused was driver of
the said Taxi. Applicant is the owner of the said Taxi. He is ready to abide the
conditions. Therefore, prayed to give interim custody of said Taxi to him.
2. Ld. APP filed the say underneath the application and submitted that offence
has been committed with the help of property 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. Accused submitted no objection to return the property.
3. Heard the Ld. Counsel for the applicant. In the affidavit, applicant has
submitted that he is the owner of the taxi and used by him to maintain his family.
To support his contention, he has filed Copy of R.C. Book, Copy of Insurance
Policy, Copy of driving License and
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certificate issued by the Bombay Mercantile Coop. Bank Ltd. Nobody has claimed
the property. Hence, on the conditions, interim custody is given to the applicant.
With the result, I pass the following order :
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O R D E R
The Inspector of Mahim Police Station, if in possession of the Maruti EECO
Taxi bearing registration no. MH01CV0457 mentioned in the application, shall
hand over the same to the present applicant.
Before that the applicant to furnish Indemnity Bond for Rs.2,60,000/ (Rupees
Two Lacs Sixty 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.
(d) Applicant shall not use the said taxi for committing any other offence.
( P. V. Bulbule )
Addl. Chief Metropolitan Magistrate,
Dt.11.12.2019 9th Court, Bandra, Mumbai.
Kkg
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