Final Order 1

Order Details: Order Below EX 1
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE,
32ND COURT, BANDRA, MUMBAI.
Notice No. 66/N/2020.
C.R. No. 16/2020.
Nirmal Nagar Police Station.
Satish Ramlakhan Chourasiya … Applicant
V/s.
Sr. Inspector of Police,
(Nirmal Nagar Police Station) ...Respondent.
ORDER BELOW APPLICATION FOR RETURN OF PROPERTY
VIZ. HONDA ACTIVA MOTORCYCLE BEARING No.MH02DF9728
By this application the applicant is seeking return of Honda
Activa motorcycle, bearing registration No. MH02DF9728, Chasis
No.ME4JF501KD8540468, Engine No.JF50E80539301, as quoted in the
application, being registered owner of 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, FIR, Aadhar card and
affidavit of applicant.
2. Perused application, say of IO. APP failed to file say. Heard
argument of advocate of applicant. APP not argued. Perused the record.
3. Investigating officer informed that the motorcycle of the
applicant was not stolen, but seized by the Traffic Department for non
payment of traffic Challan of Rs.1300/ and therefore, same is lying in the
custody of traffic department and not yet transferred in the present crime.
The offence has been registered under misunderstanding.
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4. In any case the offence being registered and the vehicle being
found, have to be disposed of by the order of court. Therefore, the applicant
being owner of the vehicle, entitled for its custody. The concern police can
transfer the vehicle in the present crime on payment of echallan of the
applicant.
5. 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
i) Application allowed on following conditions :
ii) The applicant shall pay the amount of echallan within
eight days of the order.
iii) On submission of receipt of echallan, the concern police
shall transfer the vehicle in the present crime.
iv) On transfer of the vehicle, same be released in favor of
applicant viz. Satish Ramlakhan Chourasiya on his
furnishing indemnity bond of र. 25,000/, subject to
furnish insurance.
v) He shall produce the said motorcycle as and when
required by the Court.
vi) Investigation Officer shall obtain photographs of seized
motorcycle from all angles for its proper identification in
future.
vii) Copy to the concerned police station for compliance of
this order.
Date : 24.01.2020
ssl.
(Sudhir N. Shinde)
Metropolitan Magistrate,32nd Court,
Bandra, Mumbai.
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