Final Order 1

Order Details: Order Below EX 1
Pdf Text: 1
ORDER BELOW EXH.1 OF APPLICATION FOR RETURN OF
PROPERTY IN C.R.NO. 170/2020 OF KHERWADI POLICE
STATION IN NOTICE NO. 394/N/2020 U/SEC.451 OF CR.P.C.
1. Applicant Mr. Manoj Harilal Sharma, is the owner of seized
Bajaj Avenger 220 DTSI ES Motorcycle bearing no. MH02DF5756
seized by Kherwadi Police, as the applicant was found committed the
offence u/sec. 188, 269 of IPC & sec.51B of National Disaster
Management Act in breach of notification under Epidemic Act by
driving the vehicle, without wearing mass and without any reasonable
cause.
2. The applicant sought interim custody of the seized vehicle.
The applicant is the owner of the said vehicle. The accused i.e. his
brother has breached the Lockdown order and movement and
gathering in public places, causing danger of spread of corona virus.
3. However, the interim custody of the vehicle can be given to
avoid damage and rusting to the vehicles on strict condition. The
applicant has produced affidavit, NOC cum affidavit of accused, copy of
registration certificate, insurance certificate & Aadhar card. Hence,
following order.
ORDER
1. The Inspector of Kherwadi Police Station, if in possession of
Bajaj Avenger 220 DTSI ES Motorcycle shall hand over the same
to the present applicant on his executing Indemnity Bond on
nonjudicial stamp paper of Rs.100/ for Rs. 70,000 (Rs. Seventy
Thousand only) and cash security of Rs.5,000/ undertaking to
the effect that,
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(a) he will not alienate, destroy, give on rent or part with the
possession of the above vehicle,
(b) That the applicant to furnish three photographs of the
vehicle from three different angles to the police station, which
lateron to be filed alongwith the final report in the Court by the
police.
2. The applicant shall produce copies of R.C.Book, renewal of
insurance certificate, Licence to the concerned police station.
(S.N.Shinde)
Metropolitan Magistrate,
Date : 15.09.2020 32nd Court, Bandra, Mumbai.
Ssl.
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