Final Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No. 8/N/2023
Mohd. Shahid V/s. Santacruz P. Stn.
ORDER
1. The present application is filed for return of motor cycle
bearing No.MH03DM4475, seized by the Santacruz police station in
C. R. No.1140/2022, registered U/Sec. 379 of IPC.
2. I.O. did not object to return the seized motor cycle to the
applicant. However, Ld. A.P.P. objected to release the motor cycle, as it
requires for trial.
3. Admittedly, seized motor cycle belongs to the applicant.
Applicant in support of his contention has produced R. C. Book,
Delivery Note, Insurance Policy, Form 59 (Pollution Under Control
Certificate), his Aadar Card, PAN Card and driving licence. Application
is well supported by affidavit of applicant and NOC of original owner.
Custody of the motor cycle is not required for further investigation. In
such circumstances, no good purpose would serve keeping the said
motor cycle further in custody. For the apprehension of Ld. A.P.P.
condition can be imposed. Applicant is entitled to receive the seized
motor cycle. In the result, following order is passed :
ORDER
1. The custody of motor cycle bearing No.MH03DM4475,
seized by the Santacruz police Station in C. R. No.1140/2022,
registered U/Sec. 379 of IPC be handed over to the applicant on
execution of indemnity bond of Rs.10,000/.
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2. The applicant is directed not to sell, transfer, alter, dispose
or hand over the seized motor cycle to third person without prior
permission of Court and to produce the same before the Court,
whenever required for trial.
3. The Investigating Officer is directed to take the
photographs of the seized motor cycle, at the cost of the applicant and
to produce the photographs and indemnity bond along with final report.
Mumbai
Date : 18/03/2023.
SRD
Sd/
Metropolitan Magistrate,
71st Court, Bandra, Mumbai.
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