Final Order 1

Order Details: Order Below EX 1
Pdf Text: Notice Case No. 872/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 Honda City motorcar bearing No. MH01NA4923 valued at
Rs.50,000/ seized in C.R. No.373/2019 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 car and he is ready to abide
every conditions imposed by this Court.
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 copy of certificate of registration of the said
vehicle, it is seen that the applicant is owner of the said vehicle. The Applicant
has filed on record xerox copy of F.I.R. dated 01/05/2019 which shows the
applicant 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.
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 Honda City motorcar bearing No. MH
01NA4923 seized in C.R. No.373/2019 by Bandra Police Station , be returned
to Applicant Mr. Mohd. Munzir Mohd. Anus Ansari residing at M Y Manzil C
0218, Near Rahat Manzil, Navpada, Bandra E, Mumbai51 on executing
indemnity bond of Rs.60,000/ (Rupees Sixty Thousand Only) with condition
that :
a) The applicant shall not to sell, transfer, alienate, dispose off the
said motorcar 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 motorcar in
any mode or manner and shall not use for unlawful purpose.
c) The applicant shall produce the said motorcar 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
Court. On filing of indemnity bond, it be attached with the chargesheet.
Order accordingly.
Mumbai
Date : 30/01/2020
(Jaydeo Y. Ghule)
Metropolitan Magistrate
12th Court, Bandra, Mumbai
*NKD
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