Final Order 1

Order Details: Order Below EX 1
Pdf Text: N THE COURT OF METROPOLITAN MAGISTRATE,
32ND COURT, BANDRA, MUMBAI.
Notice No. 514/N/2018.
C.R. No. 172/2018.
Kherwadi Police Station.
Akshay Prabhat Bharati ...Applicant
Vs.
Through Sr. Inspector of Police,
(Kherwadi Police Station) ...Respondent.
ORDER BELOW APPLICATION FOR RETURN OF PROPERTY.
VIZ. MARUTI WAGONR CAR BEARING NO. MH01BT9081.
By this application the applicant/accused Akshay Prabhat
Bharati, is seeking return of Maruti Wagonr car, bearing registration No.
MH01BT9081 as quoted in the application, being registered owner for
the same. It is further submitted that, he is the proprietor of Sai Pooja
Tours and Travels and the said vehicle is in the name of Sai Pooja Tours
and Travels. Said motorcar was seized by Kherwadi police station in the
offence of rash and negligent driving of applicant/accused. Applicant /
accused is ready to produce the said property whenever required till
final disposal of case. The application is supported by various documents
such as copies of F.I.R., affidavit of applicant, Registration Certificate,
insurance policy etc.
2. Accordingly say of Investigation Officer and APP were
called. Investigating officer filed his say vide Exh2 on 11.07.2018 and
objected the application on the ground of RTO registration. This court
directed to conduct RTO inspection at the earliest and inform. Therefore,
again on 16.07.2018 investigating officer filed his vide Exh3 and
informed about completion of RTO examination. Learned APP have
failed to file his say.
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3. Heard argument, perused the record.
4. Considering the reasons mentioned in application supported
by documents, it is evident that, the aforementioned motorcar can be
temporarily released in favor of the applicant/ accused, being registered
owner of the same. Hence, upon imposing certain conditions the said
motorcar may be released in favor of applicant. Hence, the following
order :
ORDER
1 The seized Maruti Wagonr car, bearing registration No.
MH01BT9081 be released in favor of applicant/ accused
viz. Akshay Prabhat Bharati on his furnishing indemnity
bond of र. 3,00,000/.
2 He shall produce the said motorcar as and when required
by the Court.
3 Investigation Officer shall obtain photographs of seized
vehicle from all angles for its proper identification in
future.
4 Copy to the concerned police station for compliance of this
order.
Date : 23.07.2018
ssl.
(S. N. Shinde)
Metropolitan Magistrate,
32nd Court, Bandra, Mumbai.
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