Final Order 1

Order Details: Order Below EX 1
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CC No. 955/N/2021
Mohd. Shahid V/s. Vakola PS
ORDER
1. The present application is filed for return of Honda Unicorn
motor cycle bearing No. MH01AG7449, seized by the Vakola police Station
in C.R.No.243/2021 registered u/sec. 279, 338 of IPC and 134 MV Act.
2. The Investigating Officer filed his say and given no objection to
return the seized vehicle to the applicant.
3. The applicant is the accused in the abovementioned offence. He
was driving the vehicle at the time of alleged incident. The applicant is
claiming the custody of the vehicle. He produced copies of FIR, Insurance
policy, vehicle particulars and Aadhar in support of his version. He has also
produced no objection from the registered owner of the vehicle.
4. On perusal of the documents produced on record, it appears that
the alleged incident occurred on 14.04.2021. The owner of the vehicle has
obtained insurance of the vehicle on 13.05.2021. He was directed to produce
insurance policy pertaining the period of the alleged incident. However,
neither the applicant nor the registered owner of the vehicle has produced
insurance policy of the vehicle covering the period of alleged incident. The
circumstances compel to draw an inference that the Insurance of the vehicle
was not valid when the alleged incident of accident took place. In such
situation, the vehicle cannot be release merely obtaining bond from the
applicant. It is necessary to secure compliance of direction given in Jaiprakash
V/s. National Insurance company SLP no. 1180111804 of 2005 and obtain cash
deposit from the applicant or registered owner. As such following order is
passed:
ORDER
1. The custody of Honda Unicorn motor cycle bearing No. MH01
AG7449, seized by the Vakola police Station in C.R.No.243/2021 registered
u/sec. 279, 338 of IPC and 134 MV Act be handed over to the applicant
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CC No. 955/N/2021
Mohd. Shahid V/s. Vakola PS
subject to following conditions.
i) The applicant or the registered owner of the vehicle to
furnish cash deposit of Rs. 25,000/ in the court which shall be
subject to any final order for compensation that may be passed in
favour of the victim.
ii) The applicant or the registered owner of the vehicle are
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. Undertaking to that effect should be furnished on record.
iii) In case the applicant or the registered owner of the
vehicle fail to make deposit within 3 months from today, steps will be
taken for disposal of the vehicle and the sale proceeds shall be held for
satisfaction of any order for compensation that may be passed in favour
the victim.
iv) The Investigating Officer is directed to take the
photographs of the seized property, at the cost of the applicant and to
produce the same with the final report.
v) Release memo be given after compliance of Condition No (i).
Metropolitan Magistrate,
Date: 23.03.2022 71st Court, Bandra, Mumbai.
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