Final Order 1

Order Details: Order Below EX 1
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE,
32ND COURT, BANDRA, MUMBAI.
Notice No. 819/N/2019.
C.R. No. 379/2019.
Nirmal Nagar Police Station.
Saif Salim Hyder Ali … Applicant
V/s.
Sr. Inspector of Police,
(Nirmal Nagar Police Station) ...Respondent.
ORDER BELOW APPLICATION FOR RETURN OF PROPERTY
VIZ. ACCESS 125 MOTORCYCLE BEARING No.MH04KE0965
By this application the applicant is seeking return of Access
125 motorcycle, bearing registration No. MH04KE0965, Chasis
No.MB8DP11AGK8E6502, Engine No.AF2160983600, as quoted in the
application, being registered owner of the same. It is further submitted
that, the said motorcycle was seized by Nirmal Nagar police station, in
pursuant of offence of theft. He is ready to produce the said property
whenever required till final disposal of case. The application is
supported by various documents such as copy of Registration Certificate,
insurance policy, affidavit of applicant, FIR, Aadhar card, driving licence,
NOC of informant etc.
2. Accordingly, say of Investigation Officer and learned APP
were called. Investigating officer rendered his no objection to release
said vehicle in favour of applicant. Whereas, learned APP have failed to
file say.
3. Heard argument of advocate of applicant. APP absent and
not argued. Perused the record.
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4. Considering the reasons mentioned in application supported
by documents, it is evident that, the aforementioned motorcycle may be
temporarily released in favor of the applicant, being entitled for the
same. Hence, upon imposing certain conditions the said motorcycle may
be released in favor of applicant. Hence, the following order :
ORDER
1 The seized Access 125 motorcycle, bearing registration
No. MH04KE0965, Chasis No.MB8DP11AGK8E6502,
Engine No.AF2160983600 be released in favor of
applicant viz. Saif Salim Hyder Ali on his furnishing
indemnity bond of र. 75,000/.
2 He shall produce the said motorcycle as and when
required by the Court.
3 Investigation Officer shall obtain photographs of seized
motorcycle from all angles for its proper identification
in future.
4 Copy to the concerned police station for compliance of
this order.
Date : 15.01.2020
ssl.
(Sudhir N. Shinde)
Metropolitan Magistrate,32nd Court,
Bandra, Mumbai.
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