Final Order 1

Order Details: Order Below EX 1
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE,
32ND COURT, BANDRA, MUMBAI.
Notice No. 54/N/2020.
C.R. No. 03/2020.
Nirmal Nagar Police Station.
Tabarak Ali Ahmed Ali … Applicant
V/s.
Sr. Inspector of Police,
(Nirmal Nagar Police Station) ...Respondent.
ORDER BELOW APPLICATION FOR RETURN OF PROPERTY
VIZ. ACTIVA MOTORCYCLE BEARING NO. MH03AY4402
By this application the applicant is seeking return of Activa
motorcycle, bearing registration No. MH03AY4402, chasis
No.ME4JC449LA8163375, engine No.JC44E1040160 as quoted in the
application, being entitled for the same. It is further submitted that, the
said motorcycle was seized by Nirmal Nagar police station, in pursuant
of offence of theft. He is ready to produce the said property whenever
required till final disposal of case. The application is supported by
various documents such as copy of Registration Certificate, affidavit of
applicant, FIR, Aadhar card, Driving Licence, etc.
2. Accordingly say of Investigation Officer and learned APP
were called. Investigating officer rendered his no objection to release
said vehicle in favour of applicant. Whereas, learned APP have failed to
file say.
3. Heard argument of advocate of applicant. APP absent and
not argued. Perused the record.
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4. Considering the reasons mentioned in application supported
by documents, it is evident that, the aforementioned motorcycle may be
temporarily released in favor of the applicant, being entitled for the
same. Hence, upon imposing certain conditions the said motorcycle may
be released in favor of applicant. Hence, the following order :
ORDER
1 The seized Activa motorcycle, bearing registration No.
MH03AY4402, chasis No.ME4JC449LA8163375,
engine No.JC44E1040160 be released in favor of
applicant viz. Tabarak Ali Ahmed Ali on his furnishing
indemnity bond of र. 25,000/.
2 He shall produce the said motorcycle as and when
required by the Court.
3 Investigation Officer shall obtain photographs of seized
motorcycle from all angles for its proper identification
in future.
4 Copy to the concerned police station for compliance of
this order.
Date : 27.01.2020
ssl.
(Sudhir N. Shinde)
Metropolitan Magistrate,32nd Court,
Bandra, Mumbai.
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