Final Order 1

Order Details: Order Below EX 1
Pdf Text: C.C.No.694/N/2022
Kalimuddin Riyajuddin V/s. BKC PS
ORDER
1. This is an application filed for return of motorcar bearing
No.MH46AD4513 seized in the crime by BKC Police Station in C. R.
No.901/2022 registered u/sec. 354, 506 of IPC r/w 184, 177 of Motor
Vehicle Act.
2. Investigating Officer did not object to return the seized
motorcar to the applicant. However, APP objected to release the motorcar
as it requires for trial.
3. Admittedly, seized Motor car belongs to the applicant.
Applicant in support of his contention has produced RC and Insurance.
Application is well supported by affidavit of applicant. 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. 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 motorcar bearing No. MH46AD4513 seized
in the crime by BKC Police Station in C. R. No.901/2022
registered u/sec. 354, 506 of IPC r/w 184, 177 of Motor
Vehicle Act be returned to the applicant on furnishing
indemnity bond of Rs. 50,000/.
2. Applicant shall not to transfer, alter, alienate in any
manner seized motorcar to any person without prior
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permission of Court and to produce the same as and when
required for trial.
3. The Investigating Officer is directed to produce indemnity
bond of the applicant along with the final report.
Sd/
Metropolitan Magistrate,
Date: 04.11.2022 71st Court, Bandra, Mumbai.
aan/
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