Final Order 1

Order Details: Order Below EX 1
Pdf Text: Notice Case No. 914/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 DIO motorcycle bearing No. MH02DX6139 valued at Rs.35,000/
seized in C.R. No.746/2019 registered u/s.379 of I.P.C. by Bandra Police
Station. He submitted that he is owner of the said property and he is ready to
abide every condition imposed by this Court.
2] On the application say of respondent was called. The Investigating
Officer filed say wherein no objection to handover custody of seized property to
the applicant on certain terms and conditions is conveyed. While Ld. APP
opposed the application on the ground that the muddemal property is required
at the time of trial.
3] In support of application, the applicant has filed on record his own
affidavit and submitted that he is complainant in the said matter and the said
motorcycle is in custody of the Bandra police station.
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, certificate of taxation 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. dated 07/09/2019 which shows the applicant
to be the original informant on whose report crime is registered. The applicant
has annexed verified copy of Aadhaar Card 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 applicant. 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 DIO motorcycle bearing No. MH02
DX6139 valued at Rs.35,000/ seized in C.R. No.746/2019 by Bandra Police
Station, be returned to Applicant Mr. Shehzad Mukhtar Khan residing at Room
No.4, Garodia Estate, Milan Subway Road, near Milan Mall, Santacruz (W),
Mumbai54 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 : 14/09/2020
(Jaydeo Y. Ghule)
Metropolitan Magistrate
12th Court, Bandra, Mumbai
*NKD
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