Final Order 1

Order Details: Copy of Judgment
Pdf Text: C. C. No. 212/N/2023
Santilal V/s. Santacruz P. Stn.
ORDER
1. The present application is filed for return of motor cycle i.e.
classic 350 EFI Stealth Black bearing No.MH04KT1088, seized by the
Santacruz police station in connection with C. R. No.248/2023,
registered U/Sec. 379 of IPC.
2. I.O. did not object to return the seized motor cycle to the
applicant. However, Ld. A.P.P. objected to release the motor cycle, as it
requires for trial.
3. Admittedly, seized motor cycle belongs to the applicant.
Applicant in support of his contention has produced xerox copies of
insurance policy, R. C. Book, FIR and his Aadhar Card. Application is
well supported by affidavit of applicant. Custody of the motor cycle is
not required for further investigation. In such circumstances, no good
purpose would serve keeping the said motor cycle further in custody.
For the apprehension of Ld. A.P.P. condition can be imposed. Applicant
is entitled to receive the seized motor cycle. In the result, following
order is passed :
ORDER
1. The custody of motor cycle i.e. classic 350 EFI Stealth Black
bearing No.MH04KT1088, seized by the Santacruz police
Station in C. R. No. 248/2023, registered U/Sec. 379 of IPC be
handed over to the applicant on execution of indemnity
bond of R.3,00,000/.
2. The applicant is directed not to sell, transfer, alter, dispose or
hand over the seized motor cycle to third person without prior
-- 1 of 2 --
.. 2 ..
permission of Court and shall produce the same before the Court,
whenever required for trial.
3. The Investigating Officer is directed to take the photographs of
the seized motor cycle, at the cost of the applicant and produce
the same with indemnity bond of applicant along with final
report.
Mumbai
Date : 20/06/2023.
SRD
Sd/
Metropolitan Magistrate,
71st Court, Bandra, Mumbai.
-- 2 of 2 --