Final Order 1

Order Details: Order Below EX 1
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ORDER BELOW APPLICATION FOR RETURN OF PROPERTY IN
CRIME NO. 87/2020, NOTICE NO.247/N/2020 OF VAKOLA POLICE
STATION
1. The present application is filed by four applicants for return
of vehicle i.e. Bajaj Pulsar bearing No.MH02DB94, TVS Scooter
bearing no. MH47AQ2279, Bajaj pulsar MH02DH4208 and Honda
Aprilia Scooter bearing No. MH47AE 9397 seized by the Vakola police
Station in C.R.No.87/2020 registered u/sec.279, 336 of IPC and 184 of
M.V. Act.
2. The Investigating Officer has objected return the vehicles to
the applicants.
3. The applicants claim that they are the owners of the said
vehicles. The Applicants Vaibhav Kunkerkar, Priyanka Jadhav and
Nagesh Kasar have produced copies of registration certificate, Insurance
and photo id in support of their version. No one else has claimed the
custody of the said vehicles. There is no likelihood that the trial will
commence and conclude in near future. The vehicles may get damaged
if remained in idle condition for long period. It will be proper to return
the seized vehicles to the above mentioned applicants by imposing
conditions. The applicants Pragati Chavan has not produced RC of the
vehicle. Hence, her claim cannot be considered. As such following
order is passed:
ORDER
1. The application is partly allowed.
2. The custody of Bajaj Pulsar bearing No.MH02DB94, TVS
Scooter bearing no. MH47AQ2279 and Bajaj pulsar MH02DH4208
seized by the Vakola police Station in C.R.No.87/2020 registered
u/sec.279, 336 of IPC and 184 of M.V. Act be handed over to the
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applicants i.e the registered owners.
3. The applicants to execute indemnity bond of Rs.80,000/
each and deposit Rs. 5,000/ each by way of cash security.
4. The applicants are directed not to sell, transfer, alter,
dispose or hand over the seized vehicles to third person without prior
permission of court and to produce the concerned vehicle before the
Court, whenever required for trial.
5. The Investigating Officer is directed to take the
photographs of the seized property, at the cost of the applicants and to
produce the same with the final report.
6. The claim of the applicant Pragati Chavan is rejected.
Sd/
Metropolitan Magistrate,
Date: 07072020 71st Court, Bandra, Mumbai.
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