Final Order 1

Order Details: Order Below EX 1
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE,
32ND COURT, BANDRA, MUMBAI.
Notice No. 923/N/2019.
C.R. No. 257/2019.
Kherwadi Police Station.
Yassir Islamul Shaikh … Applicant
V/s.
Sr. Inspector of Police,
(Kherwadi Police Station) ...Respondent.
ORDER BELOW APPLICATION FOR RETURN OF PROPERTY
VIZ. ACTIVA 5G MOTORCYCLE
By this application the applicant is seeking return of Activa
5G motorcycle, bearing registration No. MH03CZ4292 as quoted in the
application, being registered owner of the same. It is further submitted
that, the said motorcycle was seized by Kherwadi police station, in
pursuant of rash and negligent driving of accused. 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 FIR,
Registration Certificate, affidavit of applicant, invoice, insurance
certificate, driving licence, Aadhar card, PAN card.
2. Accordingly say of Investigation Officer and learned APP
were called. Investigating officer given his no objection to return said
motorcycle in favour of applicant. Whereas, learned APP have failed to
file say.
3. Heard both sides.
4. Considering the reasons mentioned in application supported
by documents, it is evident that, the aforementioned motorcycle may be
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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 Activa 5G motorcycle, bearing registration
No. MH03CZ4292 be released in favor of applicant
viz. Yassir Islamul Shaikh on his furnishing indemnity
bond of र. 50,000/.
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 : 07.01.2020
ssl.
(Sudhir N. Shinde)
Metropolitan Magistrate,32nd Court,
Bandra, Mumbai.
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