Final Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No. 97/N/2023
Narpatkumar V/s. Vakola P. Stn.
ORDER
1. The present application is filed for return of motorcycle
bearing Chassis No.CBFLK2032200487, seized by the Vakola police
station in C. R. No.73/2023, 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 motorcycle belongs to the applicant.
Applicant in support of his contention has produced F.I.R., Certificate
issued by manufacturer showing Chassis No. Application is well
supported by affidavit of applicant. Custody of the motorcycle is not
required for further investigation. In such circumstances, no good
purpose would serve keeping the said motorcycle further in custody.
For the apprehension of Ld. A.P.P. condition can be imposed. Applicant
is entitled to receive the seized motorcycle. In the result, following
order is passed :
ORDER
1. The custody of motorcycle bearing Chassis
No.CBFLK2032200487, seized by the Vakola police Station in C. R.
No.73/2023, registered U/Sec. 379 of IPC be handed over to the
applicant on execution of indemnity bond of Rs.10,000/.
2. The applicant is directed not to sell, transfer, alter, dispose
or hand over the seized motorcycle to third person without prior
permission of court and to produce the same before the Court,
whenever required for trial.
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3. The Investigating Officer is directed to take the
photographs of the seized motorcycle, at the cost of the applicant and to
produce the photographs and indemnity bond along with final report.
Mumbai
Date : 05/04/2023.
Sd/
Metropolitan Magistrate,
71st Court, Bandra, Mumbai.
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