Final Order 1

Order Details: Order Below EX 1
Pdf Text: CNR NO. MHMM18-005907-2025 C. C. No. 260/N/2025
Sangeeta V/s. Vakola P. Stn.
ORDER
1. Today the Ld. Advocate Shri J. L. Tiwari for applicant
submitted that, in recent flood condition vehicle has been down
therefore, requested to pass custody order by taking the matter on
today’s board. Considering the reason I taken the matter on board and
passed order accordingly.
2. The present application for return of seized vehicle i.e.
Ertiga Smart Hybrid VXI AT having registration No.MH-06-CD-3130,
seized by the Vakola police station in connection with C. R.
No.47/2025, registered U/Sec.316 (2), 318 (4) of The Bharatiya Nyaya
Sanhita, 2023.
3. I.O. did not objected to return the seized muddemal to the
applicant. Ld. A.P.P. objected to release the vehicle, as it required for
trial.
4. Admittedly, seized vehicle belongs to the applicant.
Applicant in support of his contention has produced xerox Copy of
F.I.R., Copy of R. C. Book, Copy of his 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 :-
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ORDER
1 The custody of seized vehicle i.e. Ertiga Smart Hybrid
VXI AT having registration No.MH-06-CD-3130, seized
by the Vakola police station in connection with C. R.
No.47/2025, registered U/Sec.316 (2), 318 (4) of The
Bharatiya Nyaya Sanhita, 2023 be handed over to the
applicant on execution of indemnity bond of
R.5,00,000/-.
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 from all sides, at the
cost of the applicant and produce the same with
indemnity bond of applicant along with final report.
Mumbai.
Date : 22/08/2025.
SRD.
Sd/-
Judicial Magistrate, (First Class),
71st Court, Bandra, Mumbai.
Date : 22/08/2025.
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