Final Order 1

Order Details: Order Below EX 1
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C. C. No. 348/N/2020
C.R. NO. : 87/2020
P.S. : Vakola
ORDER BELOW APPLICATION FOR RETURN OF PROPERTY
1. The two wheeler Honda Aprilia bearing No. MH47AE
9397 had been seized by Vakola police Station in C.R. No. 87/2020 for
violation of Sec. 279, 336 of IPC and 184 of M.V. Act.
2. The Investigating Officer has raised objection to handover
the vehicle to the applicant.
3. The applicant is praying for custody of the vehicle. It is
submitted that he is the original owner of the vehicle. It was
transferred in the name of her cousin Pragati Chavan. However, due to
lockdown, he could not avail RC in the name of Pragati Chavan. Thus,
earlier application bearing no. 247/N/2020 came to be rejected. He,
thereafter filed this application. In the meantime, RC came to be issued
in the name of Pragati Chavan. The affidavit of Pragati Chavan
alongwith new RC in her name is produced on record. It appears that
the applicant was original owner of the vehicle whereas, Pragati Chavan
is the current owner. The applicant has produced requisite documents
i.e. Old Registration Certificate, New Registration Certificate, Insurance
Policy and Aadhar Card of Pragati Chavan in support of his version.
Pragati Chavan has given no objection to handover the vehicle to the
applicant Sudarshan Chavan. No one else has claimed the custody of
the vehicle. The vehicle may get damaged if remained in idle condition
for long period. Considering the present pandemic situation, the
vehicle may be released in favour of the applicant subject to compliance
with certain conditions. It is necessary to impose strict conditions to
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avoid further violation of guidelines issued from time to time. As such
following order is passed:
ORDER
1. The custody of abovesaid vehicle/s be handed over to the
applicant/claimant Sudarshan Chavan.
2. The applicant and registered owner to execute indemnity
bond of Rs.1,00,000/ and deposit Rs. 5,000/ by way of cash security.
3. The applicant and registered owner are directed not to sell,
transfer, alter, dispose or hand over the seized vehicle to third person
without prior permission of court and to produce the concerned vehicle
before the Court, whenever required for trial.
4. The Investigating Officer is directed to take the
photographs of the seized property, at the cost of the registered owner
and to produce the same with the final report.
5. The applicant and registered owner shall not utilize the
vehicle in contravention of the guidelines and the norms issued by
Central Government, State Government and local authorities.
Metropolitan Magistrate,
Date: 03.08.2020 71st Court, Bandra, Mumbai.
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