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. 264/2020 OF KHERWADI POLICE
STATION IN NOTICE NO. 543/N/2020 U/SEC.451 OF CR.P.C.
1. Applicant Noor Mohammed Anwarali Khan, is the owner of
seized Honda Dio DLX Motorcycle bearing no. MH03DM5414 seized
by Kherwadi Police, as the accused 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 applicant has given
his motorcycle to accused. Accused 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, affidavit cum NOC of accused, copy of
registration certificate, insurance certificate, invoice & Aadhar card.
Hence, following order.
ORDER
1. The Inspector of Kherwadi Police Station, if in possession of
Honda Dio DLX Motorcycle bearing no. MH03DM5414 shall
hand over the same to the present applicant on his executing
Indemnity Bond on nonjudicial stamp paper of Rs.100/ for Rs.
55,000 (Rs. Fifty Five Thousand only) and cash security of
Rs.5,000/ undertaking to the effect that,
(a) he will not alienate, destroy, give on rent or part with the
possession of the above vehicle,
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(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 : 22.09.2020 32nd Court, Bandra, Mumbai.
Ssl.
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