Final Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No. 319/N/2023
Shivlal V/s. Santacruz P. Stn.
ORDER
1. The present application is filed for return of Activa Scooter,
bearing registration No.MH-02-DV-7895, seized by the Santacruz police
station in connection with C. R. No.1233/2022, registered U/Sec. 379
of IPC.
2. I.O. did not object to return the seized vehicle to the
applicant. However, 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
Insurance Policy, Pollution under control certificate, FIR, his Driving
Licence and Aadhar Card. 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 Activa Scooter, bearing registration
No.MH-02-DV-7895, seized by the Santacruz police
station in connection with C. R. No.1233/2022,
registered U/Sec. 379 of IPC, be handed over to the
applicant on execution of indemnity bond of R.50,000/-.
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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 : 04/10/2023.
SRD
Sd/-
Metropolitan Magistrate,
71st Court, Bandra, Mumbai.
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