Final Order 1

Order Details: Order Below EX 1
Pdf Text: IN THE COURT OF JUDICIAL MAGISTRATE (FIRST CLASS),
12TH COURT, BANDRA, MUMBAI
C. C. No.314/N/2025 (C. R. No.683/2025)
(CNR No. MHMM18-007011-2025)
Order Below Exh.1
1. Applicant/accused has filed this application to deliver the four
wheeler vehicle bearing No.MH-04-CJ-1690 to him on any conditions.
Perused application and say of I.O, Ld. A.P.P. Heard both side. The I.O.
and Ld. A.P.P. have objection to handover the seized vehicle to the
applicant on conditions.
2. The registration certificate shows that, applicant’s sister is the
registered owner of said vehicle. She has filed her affidavit NOC for
return of vehicle to the applicant/accused. The accused is charged for
rash and negligent driving and drunk and drive. No one, except
applicant, has claimed the vehicle till date. It is necessary to consider
that, the seized property is a vehicle and if it is kept lying for a long
time without use, its value will be diminished. Therefore, applicant is
entitled for interim custody of seized vehicle on indemnity bond. Hence,
order:
Order
1. The seized vehicle bearing No.MH-04-CJ-1690 be delivered to
applicant on executing supurtnama (indemnity bond) of
Rs.6,00,000/- (Rupees Six Lakhs only) before the I.O. on the
following conditions namely:
a) Applicant shall not alienate, transfer, gift, sale, modify the
vehicle or shall not create third party interest on the vehicle
in any manner.
b) He shall produce the said vehicle before the Court as and
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when required.
2. Investigating officer is directed to take appropriate colour
photographs of the vehicle and to prepare panchanama of the
vehicle and the I.O. shall also verify the Engine number and
chassis number of vehicle before handing over it in favour of
the applicant and further directed to produce the
panchnama, photographs and supurtnama before the Court
alongwith charge-sheet.
3. Present proceeding be merged in the main proceeding.
(Girish S. Mane)
Mumbai Judicial Magistrate (First Class)
Date : 08.09.2025 12th Court, Bandra, Mumbai
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