Final Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No. 205/N/2024
Harbansingh V/s. B.K.C. P. Stn.
ORDER
1. The present application is filed for return of seized vehicle
i.e. TATA Tanker having registration No.MH-48-T-7885, seized by the
B.K.C. police station in connection with C. R. No.316/2024, registered
U/Sec. 379, 511 r/w 34 of I.P.C.
2. I.O. did not object to return the seized vehicle to the
applicant. Ld. A.P.P. objected to release the vehicle, as it requires for
trial.
3. Admittedly, seized vehicle belongs to the applicant.
Applicant in support of his contention has produced xerox copies of
F.I.R., his Aadhar Card, R. C. book, Permit in respect of Good Permit
(HGV. Goods Permit), Pollution under Control Certificate, Insurance,
authority letter issued by partners of Purshottam Transport. Application
is well supported by affidavit of applicant. Custody of the vehicle is not
required for further investigation. In such circumstances, no good
purpose would serve keeping the said vehicle further in custody. For the
apprehension of Ld. A.P.P. condition can be imposed. Applicant is
entitled to receive the seized vehicle. In the result, following order is
passed :-
ORDER
1 The custody of seized vehicle i.e. TATA Tanker having
registration No.MH-48-T-7885, seized by the B.K.C.
police station in connection with C. R. No.316/2024,
registered U/Sec. 379, 511 r/w 34 of I.P.C. be handed
over to the applicant on execution of indemnity bond
of R.10,00,000/-.
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2 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 shall
produce the same before the Court, whenever
required for trial.
3 The Investigating Officer is directed to take the
photographs of the seized vehicle, at the cost of the
applicant and produce the same with indemnity bond
of applicant along with final report.
Mumbai
Date : 19/04/2024.
SRD
Sd/-
Metropolitan Magistrate,
71st Court, Bandra, Mumbai.
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