Final Order 1

Order Details: Order Below EX 1
Pdf Text: … 1 … CC No.517/N/2022
Pratibha Gupta V/s. Vakola PS
ORDER
1. The present application is filed for return of TVS DIO
motorcycle bearing No. MH02CN9437, seized by the Vakola police
Station in C.R.No.388/2022 registered u/sec. 279, 304A, 338, 337 of
IPC and 134 (a)(b), 184 of M.V. Act.
2. I.O did not objected to release the vehicle. However, APP
objected to release the vehicle.
3. Admittedly, seized motorcycle was belonged to applicant's
husband Mr. Sanjay Gupta. Now, after the death of Mr. Sanjay Gupta
applicant became the owner of seized vehicle. Applicant in support of
her claim has submitted the R.C.Book of her husband and his death
certificate. Application is well supported by affidavit of applicant and
NOC of the informant. There is no rival claim by any person in respect
of the seized motorcycle. Custody of the motorcycle is not required for
further investigation. In such circumstances, no good purpose would
serve keeping the said motorcycle further in custody. For the
apprehension of APP condition can be imposed. Applicant is entitled to
receive the seized motorcycle. In the result, following order is passed :
ORDER
1. The custody of TVS DIO motorcycle bearing No. MH02
CN9437, seized by the Vakola police Station in C.R.No.388/2022
registered u/sec.279, 304A, 338, 337 of IPC and 134 (a)(b), 184 of
M.V. Act be handed over to the applicant on execution of indemnity
bond of Rs.50,000/.
2. Applicant is directed not to sell, transfer, alter, dispose or
hand over the seized motorcycle to third person without prior
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… 2 … CC No.517/N/2022
Pratibha Gupta V/s. Vakola PS
permission of court and to produce the concerned motorcycle before the
Court, whenever required for trial.
3. Investigating Officer is directed to take the photographs of
the seized vehicle and to produce the same and indemnity bond along
with final report.
Sd/
Metropolitan Magistrate,
Date: 08.08.2022 71st Court, Bandra, Mumbai.
ssm/
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