Final Order 1

Order Details: Order Below EX 1
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CC No.686/N/2022
Rahul Vilas Chavan
V/s. Vakola PS
ORDER
1. The present application is filed for return of two wheeler
bearing No. MH02DR6458, seized by the Vakola police Station in
C.R.No.909/2022 registered u/sec.379 of IPC.
2. Investigating Officer did not object to return the seized
Motor Cycle to the applicant. However, APP objected to release the
Motor Cycle as it requires for trial.
3. Admittedly, seized Motor Cycle belongs to the applicant.
Applicant in support of his contention has produced RC. Application is
well supported by affidavit of applicant. There is no rival claim by any
person in respect of the seized Motor Cycle. Custody of the Motor Cycle
is not required for further investigation. In such circumstances, no good
purpose would serve keeping the said Motor Cycle further in custody.
For the apprehension of APP condition can be imposed. Applicant is
entitled to receive the seized Motor Cycle. In the result, following order
is passed :
ORDER
1. The custody of two wheeler bearing No. MH02DR6458,
seized by the Vakola police Station in C.R.No.909/2022 registered
u/sec.379 of IPC be handed over to the applicant on executing
indemnity bond of Rs.20000/.
2. Applicant is directed not to sell, transfer, alter, dispose or
hand over the seized vehicle to third person without prior permission of
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CC No.686/N/2022
Rahul Vilas Chavan
V/s. Vakola PS
court and to produce the concerned vehicle before the Court, whenever
required for trial.
3. Investigating Officer is directed to take the photographs of
the seized property, at the cost of the applicant and to produce the
photographs and indemnity bond along with final report.
Sd/
Metropolitan Magistrate,
Date: 20102022 71st Court, Bandra, Mumbai.
aan/
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