Final Order 1

Order Details: Order Below EX 1
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CC No.692/N/2022
Samsher Shamim Shaikh
V/s. Santacruz PS
ORDER
1. The present application is filed for return of four wheeler
bearing No. MH02CL8976, seized by the Santacruz police Station in
C.R.No.586/2022 registered u/sec.379 of IPC.
2. APP objected to release the Motor car as it requires for trial.
3. Admittedly, seized Motor car belongs to the applicant/
accused. Applicant/ accused in support of his contention has produced
RC and Insurance. Application is well supported by affidavit of
applicant/ accused. There is no rival claim by any person in respect of
the seized Motor car. Custody of the Motor car is not required for
further investigation as chargesheet is filed. In such circumstances, no
good purpose would serve keeping the said Motor car further in
custody. For the apprehension of APP condition can be imposed.
Applicant is entitled to receive the seized Motor car. In the result,
following order is passed :
ORDER
1. The custody of two wheeler bearing No. MH02CL8976,
seized by the Santacruz police Station in C.R.No.586/2022 registered
u/sec.379 of IPC be handed over to the applicant on executing
indemnity bond of Rs.50000/.
2. Applicant/ accused 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
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CC No.692/N/2022
Samsher Shamim Shaikh
V/s. Santacruz PS
Court, whenever required for trial.
3. Investigating Officer is directed to take the photographs of
the seized property, at the cost of the applicant/ accused and to produce
the photographs and indemnity bond along with final report.
Sd/
Metropolitan Magistrate,
Date: 21102022 71st Court, Bandra, Mumbai.
aan/
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