Final Order 1

Order Details: Order Below EX 1
Pdf Text: C.C. No. 347/N/2021
C. R. No.86/2021
Bandra Police Station
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 two wheeler, Model Activa 5G,
bearing registration no. MH-01-DH-5571, was seized by respondent in
connection with an offence registered with respondent police station at C.R.
No.86 of 2021, for offences punishable U/Sec.279 etc. of Indian Penal
Code against him.
3. Say of the I.O. and Ld. APP was called. Both of them objected to
handover the vehicle stating that the involvement of the applicant noticed
in the incidence and there is possibility of its reuse. But this objection has
no nexus with preservation of evidence or anything which will justify the
custody of vehicle. 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. Investigation relating to vehicle is
over. 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
two wheeler, Model Activa 5G, bearing registration no. MH-01-DH-5571,
mentioned in its say to the applicant on his executing indemnity bond of
Rs.70,000/- (Rs. Seventy Thousand 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.86 of 2021.
Sd/
MUMBAI (KOMALSING RAJPUT)
DATE – 15.07.2021 M.M., 12TH COURT, BANDRA, MUMBAI
*NKD
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