Final Order 1

Order Details: Order Below EX 1
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ORDER IN NOTICE NO.857/N/2019
1. The present application is filed for return of Yamaha Fazer
bearing No. MH02EB9432, seized by the Santacruz police Station in
C.R.No.311/2019 registered u/sec. 379 of IPC.
2. The PSO filed his say and given no objection to return the
seized vehicle to the applicant.
3. The applicant submitted that he is the owner of the vehicle.
It was purchased from Krishna Janu Nikam. It was stolen. He lodged
report regarding the theft. He produced copy of FIR, RC, Aadhar Card
and driving license in support of his version. He also produced no
objection from Krishna Nikam to handover the custody of the vehicle to
him. No one else has claimed the custody of the said vehicle. There is
no likelihood that the trial will commence and conclude in near future.
The vehicle may get damaged if remained in idle condition for long
period. It will be proper to return the seized vehicle to the applicant by
imposing conditions. As such following order is passed:
ORDER
1. The custody of Yamaha Fazer bearing No. MH02EB9432,
seized by the Santacruz police Station in C.R.No.311/2019 registered
u/sec. 379 of IPC be handed over to the applicant in the condition in
which it is seized.
2. The applicant to execute indemnity bond of Rs.80,000/.
3. The applicant is directed not to sell, transfer, alter, dispose
or hand over the seized vehicle to third person without prior permission
of court and to produce the concerned vehicle before the Court,
whenever required for trial.
4. The Investigating Officer is directed to take the
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photographs of the seized property, at the cost of the applicant and to
produce the same and the indemnity bond with the final report.
Metropolitan Magistrate,
Date: 07.12.2019 71st Court, Bandra, Mumbai.
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