Final Order 1

Order Details: Order Below EX 1
Pdf Text: Notice Case No. 868/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 Suzuki Access motorcycle bearing No. MH02FF6094 valued at
Rs.71,000/ seized in C.R. No.810/2019 registered 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] Perused application, documents and say. Heard advocate for
applicant. On perusal of the application and verified copy 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 29/09/2019 which shows him to be the original informant on whose
report crime is registered. The applicant has annexed verified copies of Aadhaar
card, driving license as proving of his identify and address.
4] 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
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.
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2] The seized property namely Suzuki Access motorcycle bearing No.
MH02FF6094 valued at Rs.71,000/ seized in C.R. No.810/2019 by Bandra
Police Station, be returned to Applicant Mr. Maqbool Dada Hayat Gadat
residing at Room No.60, Nargis Dutt Nagar, Lalmatti, K. C. Marg, Bandra W,
Mumbai50 on executing indemnity bond of Rs.80,000/ (Rupees Eighty
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 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 : 12/02/2020
(Jaydeo Y. Ghule)
Metropolitan Magistrate
12th Court, Bandra, Mumbai
*NKD
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