Final Order 1

Order Details: Order Below EX 1
Pdf Text: Notice Case No. 644/N/2018 Bandra Police Station
ORDER BELOW APPLICATION FOR RETURN OF PROPERTY
1] This is an application filed by applicant for return of property
namely Suzuki Gixxer motorcycle bearing No. MH02EV2025 valued at
Rs.50,000/ seized in C.R. No.464/2018 registered under section 379 of the
Indian Penal Code by Bandra Police Station.
2] On the application say of Investigating Officer was called. The
Investigating Officer has filed 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 registered owner of the said motorcycle and
he will abide every condition 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 and xerox copy of
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 identify and address. The Applicant has also filed on record xerox
copy of F.I.R. dtd. 25/08/2018 which shows him to be the original informant
on whose report crime is registered.
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
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allowed on certain terms and conditions. Therefore, I pass the following order :
ORDER
1] The application is allowed.
2] The seized property namely Suzuki Gixxer motorcycle bearing No.
MH02EV2025 valued at Rs.50,000/ seized in C.R. No.464/2018 by Bandra
Police Station, be returned to Applicant Mr. Arif Irfan Qureshi residing at
Maharashtra Nagar, Slum No.2, D.P.D. Road, Near Usman Garden, Bandra W,
Mumbai50 on executing indemnity bond of Rs.30,000/ (Rupees Thirty
Thousands 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.
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.
Sd/
Mumbai
Date : 19/09/2018
(S. R. Sharma)
Metropolitan Magistrate
12th Court, Bandra, Mumbai
*NKD
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