Final Order 1

Order Details: Order Below EX 1
Pdf Text: Notice Case No. 885/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 motorcycle bearing No. MH47AA5667 valued at Rs.40,000/ seized
in C.R. No.770/2019 (C.C. No.1778/PW/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] 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 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. which shows him to be the original informant on whose report crime is
registered. The applicant has annexed verified copy 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
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 :
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ORDER
1] The application is allowed.
2] The seized property namely motorcycle bearing No. MH47AA
5667 valued at Rs.40,000/ seized in C.R. No.770/2019 (C.C.
No.1778/PW/2019) by Bandra Police Station, be returned to Applicant
Mr.Mohsin Allarakha Shaikh residing at Opp. Golden Bakery, Room No.6,
Razakwadi Chawl No.1, Behram Nagar, Kherwadi Road, Bandra E, Mumbai51
on executing indemnity bond of Rs.50,000/ (Rupees Fifty 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
Court. On filing of indemnity bond, it be attached with the chargesheet.
Order accordingly.
Mumbai
Date : 10/02/2020
(Jaydeo Y. Ghule)
Metropolitan Magistrate
12th Court, Bandra, Mumbai
*NKD
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