Final Order 1

Order Details: Order Below EX 1
Pdf Text: MHMM18-009223-2024 C. C. No. 440/N/2024
Arabaz V/s. B.K.C. P. Stn.
ORDER
1. The present application is filed for return of seized vehicle
i.e. Maruti Ertiga motor car having registration No.MH-02-FG-7928,
seized by the B.K.C. police station in connection with C. R.
No.489/2024, registered U/Sec. 379 of I.P.C.
2. I.O. objected to return the seized muddemal to the
applicant on the ground that, accused may commit similar kind of
offence in future. 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., R.C. Book, his Aadhar card. 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. Maruti Ertiga motor
car having registration No.MH-02-FG-7928, seized by
the B.K.C. police station in connection with C. R.
No.489/2024, registered U/Sec. 379 of I.P.C. be
handed over to the applicant on execution of
indemnity bond of R.10,00,000/-.
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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 from all sides and
directions, at the cost of the applicant and produce
the same with indemnity bond of applicant along
with final report.
Mumbai.
Date : 03/08/2024.
SRD
Sd/-
Metropolitan/Judicial Magistrate,
(First Class), 71st Court, Bandra, Mumbai.
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