Final Order 1

Order Details: Order Below EX 1
Pdf Text: Notice Case No. 784 of 2021 Abdul Hamid Vs Bandra
CNR – MHMM18-003475-2021
ORDER BELOW EXH.-1
1. This is an application under Section 457 of Code of Criminal
Procedure for release of property.
2. As per applicant his vehicle i.e. two wheeler, Model Honda Unicorn,
bearing registration no. MH-01-BN-3520, was seized by respondent in
connection with an offence registered with respondent police station at C.R.
No.77 of 2021, for offences punishable U/Sec.279, 336 of Indian Penal
Code, etc.
3. Say of the I.O. and Ld. A.P.P. was called. Both of them objected to
handover the vehicle stating that the said vehicle may be required during trial
for identification. But this objection has no nexus with preservation of
evidence or anything which will justify the custody of vehicle. Applicant is
legal claimant and is entitled to its possession. If remained in custody of
respondent it will damage and applicant may suffer irreparable loss.
Investigation relating to vehicle is over. Thus, there appears no hindrance in
allowing the application. Therefore, following order -
ORDER
a. The respondent is directed to handover the custody of the vehicle
two wheeler, Model Honda Unicorn, bearing registration no. MH-01-BN-
3520, mentioned in its say to the applicant on executing indemnity bond of
Rs.50,000/- (Rs. Fifty Thousand Only).
b. The applicant shall furnish two photographs of the vehicle while
taking custody and shall not permit any others to use it.
c. Copy of this order shall be kept in C.R. No.77 of 2021.
Sd/-
MUMBAI (KOMALSING RAJPUT)
DATE – 17.08.2021 M.M., 12TH COURT, BANDRA, MUMBAI
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