Final Order 1

Order Details: Order Below EX 1
Pdf Text: … 1 … CC No. 828/N/2021
Mohd. Shadab V/s. BKC PS
ORDER
1. The present application is filed for return of vehicle i.e.
KTM Duke motor cycle bearing No. MH43BD4776, seized by the BKC
police Station in C.R.No.239/2021 registered u/sec.392, 34 of IPC.
2. The Investigating Officer has no objection to return the
vehicle.
3. The applicant claims that he is the owner of the said
vehicle. It was seized by the police. He has produced copies of FIR,
Registration Certificate, Insurance Policy and Aadhar Card in support of
his version. The applicant is not the accused person in the case nor his
complicity is shown in the alleged offence. No one else has claimed the
custody of the said 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 KTM Duke motor cycle bearing No. MH43BD
4776, seized by the BKC police Station in C.R.No.239/2021
registered u/sec.392, 34 of IPC be handed over to the applicant in
the condition in which it is seized.
2. The applicant to execute indemnity bond of Rs.1,00,000/.
3. The applicant is directed not to sell, transfer, alter, dispose or
hand over the seized vehicle to third person without prior
permission of court and to produce the concerned vehicle before
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Mohd. Shadab V/s. BKC PS
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.
Sd/
Metropolitan Magistrate,
Date: 23102021 71st Court, Bandra, Mumbai.
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