Final Order 1

Order Details: Order Below EX 1
Pdf Text: Notice Case No. 161 of 2022 Adil Vs Bandra
CNR – MHMM18-001976-2022
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. two wheeler, Model Access 125,
bearing registration no. MH-02-EV-5648, was seized by respondent in
connection with an offence registered with respondent police station at C.R.
No.240 of 2022, for offences punishable U/Sec.279, 336 of Indian Penal
Code, etc.
3. Say of the I.O. was called and objected to handover the vehicle
stating that the said vehicle may be required during trial for identification.
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 Access 125, bearing registration no. MH-02-EV-5648,
mentioned in its say to the applicant on executing indemnity bond of
Rs.40,000/- (Rupees Forty Thousand Only).
b. The applicant shall furnish two photographs of the vehicle while
taking custody and shall not permit any others to use it.
MUMBAI (KOMALSING RAJPUT)
DATE – 06.04.2022 M.M., 12TH COURT, BANDRA, MUMBAI
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