Final Order 1

Order Details: Order Below EX 1
Pdf Text: Notice Case No. 10 N 2024 Miya Vs State
CNR – MHMM18-000653-2024
ORDER BELOW EXH.-1
1. This is an application under Section 457 of Code of Criminal Procedure
for release of property.
2. As per applicant his vehicle i.e. four wheeler, Model Volkswagen Polo
TB, bearing registration no. MH-01-BK-5551, was seized by respondent in
connection with an offence registered with respondent police station at C.R.
No.1867 of 2023, for offences punishable under Sections 323, 324, 326, 327,
341, 504 r/w.34 of Indian Penal Code.
3. Say of the respondent was called. The Investigating Officer raised
objection to handover the vehicle to the applicant. But objection is not
sustainable as the investigation relating to vehicle is completed and no such
strong material on record found. The record shows that applicant is legal
claimant and is entitled to its possession. If remained in custody of respondent
it will damage and applicant may suffer irreparable loss. Thus, there appears
no hindrance in allowing the application. Therefore, following order -
ORDER
a. The respondent is directed to handover the custody of the vehicle i.e.
four wheeler, Model Volkswagen Polo TB, bearing registration no. MH-01-
BK-5551, mentioned in its say to the applicant on executing indemnity bond
of Rs.4,00,000/- (Rs. Four Lacs Only).
b. The applicant shall furnish two photographs of the vehicle while taking
custody and shall not permit any others to use it.
c. Copy of this order shall be kept in C.R. No.1867 of 2023, registered
with Bandra Police Station, Mumbai.
Sd/-
MUMBAI (KOMALSING RAJPUT)
DATE – 05.02.2024 M.M., 12TH COURT, BANDRA, MUMBAI
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