Final Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No. 161/N/2023
Rahul V/s. Vakola P. Stn.
ORDER
1. The present application is filed for return of Activa Scooter
bearing No.MH01BQ8783, seized by the Vakola police station in C. R.
No.244/2023, registered U/Sec. 379 of IPC.
2. I.O. did not object to return the seized scooter to the
applicant. However, Ld. A.P.P. objected to release the scooter, as it
requires for trial.
3. Admittedly, seized scooter belongs to the applicant.
Applicant in support of his contention has produced F.I.R., R. C. Book,
Insurance Policy and his Aadar Card. Application is well supported by
affidavit of applicant. Custody of the scooter is not required for further
investigation. In such circumstances, no good purpose would serve
keeping the said scooter further in custody. For the apprehension of Ld.
A.P.P. condition can be imposed. Applicant is entitled to receive the
seized scooter. In the result, following order is passed :
ORDER
1. The custody of Activa Scooter bearing No.MH01BQ8783,
seized by the Vakola police Station in C. R. No.244/2023, 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 scooter 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 scooter, at the cost of the applicant and to
produce the photographs and indemnity bond along with final report.
Mumbai
Date : 12/05/2023.
Sd/
Metropolitan Magistrate,
71st Court, Bandra, Mumbai.
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