Final Order 1

Order Details: Order Below EX 1
Pdf Text: … 1 … CC No. 910.N.2021
Sabitunisa V/s. BKC PS
ORDER
1. The present application is filed for return of vehicle i.e.
Honda Unicorn bearing No.MH03DD0745, seized by the BKC police
Station in C.R.No. 76/2021 registered u/sec.188, 269 of IPC and 51 of
Disaster Management Act.
2. The Investigating Officer has no objection to return the
vehicle.
3. The applicant submitted that the vehicle was registered in
the name of her husband who expired on 11.02.2021. The vehicle was
seized from the possession of her son who is arrayed as an accused in
the abovementioned offence. She claims that she is entitled for the
custody of the vehicle. She has produced copies of FIR, RC, Aadhar and
death certificate of her husband. She has also produced No objection
from her son to handover the vehicle to her. The vehicle still stands in
the name of the deceased husband of the applicant. The vehicle may
get damaged if remained in idle condition for long period. 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. In order to avoid
the utility of the vehicle to be diminished, the vehicle may be returned
to the applicant on condition that it should get registered in the name of
any of the heirs of the deceased. Further, this is merely an interim
custody and it shall be subject to any order or direction in respect of the
said vehicle given by any competent forum regarding final claim for the
vehicle. It will be proper to return the seized vehicle to the applicant by
imposing such conditions. As such following order is passed:
ORDER
1. The custody of Honda Unicorn bearing No.MH03DD
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… 2 … CC No. 910.N.2021
Sabitunisa V/s. BKC PS
0745, seized by the BKC police Station in C.R.No. 76/2021 registered
u/sec.188, 269 of IPC and 51 of Disaster Management 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 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 initiate proceeding for getting the
vehicle registered with RTO authorities in the name of any of the heirs
of deceased owner of the vehicle.
Metropolitan Magistrate,
Date: 11022022 71st Court, Bandra, Mumbai.
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