Final Order 1

Order Details: Order Below EX 1
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ORDER IN NOTICE NO.858/N/2019
1. The present application is filed for return of Susuki Access
125 motor cycle bearing No. MH03DD8657, seized by the BKC police
Station in C.R.No.83/2019 registered u/sec. 279, 338 of IPC and 177,
179 of M.V. Act.
2. The Investigating Officer filed his say and given no
objection to return the seized vehicle to the applicant.
3. The applicant claims that she is the owner of the said
vehicle. The applicant is claiming the custody of the vehicle. She
produced Copies of FIR, RC, Insurance Policy and Aadhar Card in
support of her version. 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 Susuki Access 125 motor cycle bearing No.
MH03DD8657, seized by the BKC police Station in C.R.No.83/2019
registered u/sec. 279, 338 of IPC and 177, 179 of M.V. Act be handed
over to the applicant subject to following conditions.
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.
Sd/
Metropolitan Magistrate,
Date: 07.12.2019 71st Court, Bandra, Mumbai.
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