Final Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No. 101/N/2023
Mohd. Mukaddar V/s. BKC P. Stn.
ORDER
1. The present application is filed for return of motor scooter
Activa 3G bearing No.MH02ED7085, seized by the BKC police station
in C. R. No.969/2022, registered U/Sec. 379 of IPC.
2. I.O. did not object to return the seized motor scooter to the
applicant. However, Ld. A.P.P. objected to release the motor scooter, as
it requires for trial.
3. Admittedly, seized motor scooter belongs to the applicant.
Applicant in support of his contention has produced Vehicle Particulars,
Retail Invoice, his Aadar Card. Application is well supported by affidavit
of applicant. Custody of the motor scooter is not required for further
investigation. In such circumstances, no good purpose would serve
keeping the said motor scooter further in custody. For the apprehension
of Ld. A.P.P. condition can be imposed. Applicant is entitled to receive
the seized motor scooter. In the result, following order is passed :
ORDER
1. The custody of motor scooter Activa 3G bearing No.
MH02ED7085, seized by the BKC police Station in C. R.
No.969/2022, registered U/Sec. 379 of IPC be handed over to the
applicant on execution of indemnity bond of Rs.10,000/.
-- 1 of 2 --
.. 2 ..
2. The applicant is directed not to sell, transfer, alter, dispose
or hand over the seized motor scooter to third person without prior
permission of Court and to produce the same before the Court,
whenever required for trial.
3. The Investigating Officer is directed to take the
photographs of the seized motor scooter, at the cost of the applicant
and to produce the photographs and indemnity bond along with final
report.
Mumbai
Date : 11/04/2023.
SRD
Sd/
Metropolitan Magistrate,
71st Court, Bandra, Mumbai.
-- 2 of 2 --