Final Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No. 498/N/2023
Mahadev S/o. Dharmesh V/s.
Santacruz P. Stn.
ORDER
1. The present application is filed for return of seized vehicle
i.e. Activa having registration No.MH-02-EN-9535, seized by the
Santacruz police station in connection with C. R. No.802/2023,
registered U/Sec. 379 of I.P.C.
2. I.O. did not object to return the seized vehicle to the
applicant. Ld. A.P.P. objected to release the vehicle, as it requires for
trial.
3. Admittedly, seized vehicle belongs to the applicant.
Applicant in support of his contention has produced xerox copies of
F.I.R., Aadhar Cards of Dharmesh Mahadev Patel and Mahadev Avchar
Patel, Death Certificate of Mahadev Avchar Patel, R. C. Book, Third
Party Plan, Bike and Premium Details, Proposal Form. Application is
well supported by affidavit of applicant. Custody of the vehicle is not
required for further investigation. In such circumstances, no good
purpose would serve keeping the said vehicle further in custody. For the
apprehension of Ld. A.P.P. condition can be imposed. Applicant is
entitled to receive the seized vehicle. In the result, following order is
passed :-
ORDER
1 The custody of seized vehicle i.e. Activa having
registration No.MH-02-EN-9535, seized by the
Santacruz police station in connection with C. R.
No.802/2023, registered U/Sec. 379 of I.P.C. be
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handed over to the applicant on execution of
indemnity bond of R.75,000/-.
2 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 shall
produce the same before the Court, whenever
required for trial.
3 The Investigating Officer is directed to take the
photographs of the seized vehicle, at the cost of the
applicant and produce the same with indemnity bond
of applicant along with final report.
Mumbai
Date : 12/12/2023.
SRD
Sd/-
Metropolitan Magistrate,
71st Court, Bandra, Mumbai.
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