Final Order 1

Order Details: Order Below EX 1
Pdf Text: … 1 … CC No. 251.N.2022
Shehnaz Patel V/s. BKC PS
ORDER
1. The present application is filed for return of vehicle i.e.
Suzuki Access bearing No. MH02FF6017, seized by the BKC Police
Station in C.R.No.76/2022 registered u/sec.279,336 of IPC and 184 of
M.V. Act.
2. The Investigating Officer has raised objection to return the
vehicle to the applicant on the ground that the vehicle may be used for
illegal activities.
3. The applicant claims custody of the vehicle. According to
her, she is the owner of the vehicle. It was seized by the police.
However, she is entitled for the custody of the vehicle. The applicant
has produced copies of FIR, RC and Aadhar Card in support of her
version. She has also produced No Objection of the accused. No one
else has claimed custody of the vehicle. There is no likelihood that
the trial will commence and conclude in near future. The vehicle may
get damaged if remained in idle condition for long period. It will be
proper to return the seized vehicle to the applicant by imposing
conditions. As such following order is passed:
ORDER
1. The custody of Suzuki Access bearing No. MH02FF6017, seized
by the BKC police Station in C.R.No.76/2022 registered u/sec.279,336
of IPC and 184 of M.V. Act be handed over to the applicant in the
condition in which it is seized.
2. The applicant to execute indemnity bond of Rs.80,000/.
3. The applicant is directed not to sell, transfer, alter, dispose or
hand over the seized vehicle to third person without prior
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… 2 … CC No. 251.N.2022
Shehnaz Patel V/s. BKC PS
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 applicant and to produce
the same and the indemnity bond alongwith the final report.
5. The applicant should not use or allow to be used the vehicle for
any illegal or immoral purpose.
Metropolitan Magistrate,
Date: 11052022 71st Court, Bandra, Mumbai.
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