Final Order 1

Order Details: Order Below EX 1
Pdf Text: Notice Case No. 827/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 Bajaj Domino Co. motorcycle bearing No. MH02FC2914 valued at
Rs.1,00,000/ seized in C.R. No.870/2019 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 his own
affidavit and submitted that he is owner of the said motorcycle 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 papers 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 his identify
and address. The Applicant has filed on record xerox copy of F.I.R. dated
21/10/2019 which shows Rohan Ravi Kadam – son of the applicant to be the
original informant on whose report crime is registered. He gave no objection to
handover the said motorcycle to the applicant.
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 application for return of property certainly deserves to be allowed as no
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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 Bajaj Dominar Co. motorcycle bearing
No. MH02FC2914 valued at Rs.1,00,000/ seized in C.R. No.870/2019 by
Bandra Police Station, be returned to Applicant Mr. Ravi Kaluram Kadam
residing at Room No.36, Chibai Koliwada, Maire Niwas, Near Beach View
building, Bandra (W), Mumbai50 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 : 31/01/2020
(Jaydeo Y. Ghule)
Metropolitan Magistrate
12th Court, Bandra, Mumbai
*NKD
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