Final Order 1

Order Details: Order Below EX 1
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CC No.458/N/2022
Poonam V/s. Vakola PS
ORDER
1. The present application is filed for return of Honda Activa
bearing No. MH02EN0336, seized by the Vakola police Station in
C.R.No.517/2022 registered u/sec.420, 406 of IPC.
2. The Investigating Officer did not object for return of vehicle
to the applicant. However, APP opposed the application as vehicle is
required at the time of the evidence.
3. Admittedly applicant is the registered owner of the said two
wheeler. Applicant in support of her contention has produced
Registration Certificate, Insurance and Aadhar card. It is clear that
applicant is the registered owner of the said vehicle. No good purpose
would serve keeping the vehicle in the police custody. It may get
damaged if remained in idle condition for long period. For the
apprehension of APP conditions can be imposed. I inclined to allow the
application and pass following order:
ORDER
1. The custody of Honda Activa bearing No. MH02EN0336,
seized by the Vakola police Station in C.R.No.517/2022 be handed over
to the applicant on executing indemnity bond of Rs.50,000/.
2. 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.
3. Investigating Officer is directed to take the photographs of
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the seized property, at the cost of the applicant and to produce the
photographs and indemnity bond along with final report.
Sd/
Metropolitan Magistrate,
Date: 11072022 71st Court, Bandra, Mumbai.
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