Final Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No. 403/N/2023
Firoz V/s. Vakola. P. Stn.
ORDER
1. The present application is filed for return of motor cycle
Honda bearing No.MH-02-CY-6523, seized by the Vakola police station
in connection with C. R. No.511/2023, registered U/Sec. 379 of IPC.
2. I.O. did not object to return the seized muddemal to the
applicant. However, Ld. A.P.P. objected to release the muddemal, as it
requires for trial.
3. Admittedly, seized motor cycle belongs to the applicant.
Applicant in support of his contention has produced xerox copies of FIR,
his driving licence, his PAN Card and his Aadhar Card Application is
well supported by affidavit of applicant. Custody of the motor cycle is
not required for further investigation. In such circumstances, no good
purpose would serve keeping the said motor cycle further in custody.
For the apprehension of Ld. A.P.P. condition can be imposed. Applicant is
entitled to receive the seized motor cycle. In the result, following order
is passed :-
ORDER
1 The custody of motor cycle Honda bearing No.MH-02-
CY-6523, seized by the Vakola police Station in C. R.
No. 511/2023, registered U/Sec.379 of IPC be handed
over to the applicant on execution of indemnity bond
of R.50,000/-.
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2 The applicant is directed not to sell, transfer, alter,
dispose or hand over the seized motor cycle 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 motor cycle, at the cost of
the applicant and produce the same with indemnity
bond of applicant along with final report.
Mumbai
Date : 25/09/2023.
SRD
Sd/-
Metropolitan Magistrate,
71st Court, Bandra, Mumbai.
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