Final Order 1

Order Details: Copy of Order - 1
Pdf Text: Order passed below Return of Property application 1644/M/2022
in CR No. 430/2022 Dongri Police Station
1 Perused the application for return of property i.e. motor
cycle bearing no. MH01/DF0653 and say filed by Investigating Officer
and Ld. APP. The Investigating Officer and Ld. APP opposed the said
application on the ground that, the accused has used the said
motorcycle while committing the offence and same has been used under
disclosure panchanama of the accused. Accused may modify the nature
of vehicle and the same will require at the time of trial. However, for
that purpose, condition may be imposed on the applicant.
2. I have also perused the document placed on record. The
present applicant is the mother of accused. The disputed vehicle is
standing in the name of applicant. In short, the applicant is rightful
claimant to receive the vehicle under section 457 of Code of Criminal
Procedure. Hence, I proceed to pass the following order.
ORDER
1. The application for return of property i.e. motor cycle bearing
no. MH01/DF0653 is hereby allowed.
2. The Investigating Officer in CR No. 430/2022 of Dongri
Police Station is directed to hand over temporary custody of
muddemal property i.e. motor cycle bearing no. MH01/DF
0653 seized during the course of investigation to the applicant on
proper verification & identification.
3. Applicant shall also execute indemnity bond of Rs.50,000/
(Rs. Fifty Thousand only) before the Police.
4. The Investigating Officer is directed to prepare detail
panchanama, note other relevant details while handing over the
muddemal property to the applicant and also take photograph of
the muddemal.
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5. The applicant is further directed to produce the muddemal
property as and when directed by the Court.
6. The applicant is further directed not to create any third party
interest in the muddemal property by any way, till the disposal
of present case.
(M.V. Chavhan)
Metropolitan Magistrate,
dt. 03.08.2022 70th Court, Mazgaon, Mumbai.
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