Final Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No. 132/N/2023
Sahid V/s. BKC P. Stn.
ORDER
1. The present application is filed for return of motor cycle i.e.
Avenger bearing No.MH02EG1246, seized by the BKC police station
in C. R. No.141/2017, 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 motor cycle belongs to the applicant.
Applicant in support of his contention has produced R. C. Book FIR and
his Aadhar Card. Application is well supported by affidavit of applicant.
Custody of the motor cycle is not required for further investigation. In
such circumstances, no good purpose would serve keeping the said
motor cycle further in custody. For the apprehension of Ld. A.P.P.
condition can be imposed. Applicant is entitled to receive the seized
motor cycle. In the result, following order is passed :
ORDER
1. The custody of motor cycle i.e. Avenger bearing No.MH02EG
1246, seized by the BKC police Station in C. R. No.141/2017,
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 motor cycle 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 motor cycle, at the cost of the applicant and to produce
the photographs and indemnity bond along with final report.
Mumbai
Date : 15/04/2023.
SRD
Sd/
Metropolitan Magistrate,
71st Court, Bandra, Mumbai.
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