Final Order 1

Order Details: Order Below EX 1
Pdf Text: CNR NO.MHMM18-010651-2025 C. C. No. 533/N/2025
Shamshad Rafiq Shaikh V/s.
B.K.C. P. Stn.
ORDER
1. The present application for return of seized vehicle i.e.
Motor Car having registration No.MH-04-GD-9031, seized by the B.K.C.
police station in connection with C. R. No.329/2025, registered
U/Sec.318(4) r/w.s. 3 (5) of The Bharatiya Nyaya Sanhita, 2023.
2. I.O. and Ld. A.P.P. objected to release the vehicle, as it
required for trial. They submitted that, there is every likelihood to use
alleged vehicle in similar kind of other offence.
3. Admittedly, seized vehicle belongs to the applicant.
Applicant in support of her contention has produced xerox Copy of
F.I.R., Copy of her Aadhar Card and PAN Card, Copy of Insurance and
Receipt, Copy of R. C. Book and Copy of Remand. 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. Motor Car having
registration No.MH-04-GD-9031, seized by the B.K.C.
police station in connection with C. R. No.329/2025,
registered U/Sec.318(4) r/w.s. 3 (5) of The Bharatiya
Nyaya Sanhita, 2023 be handed over to the applicant on
execution of indemnity bond of R.5,00,000/-.
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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, at the
cost of the applicant and produce the same with
indemnity bond of applicant along with final report.
Mumbai.
Date :08/09/2025.
SRD.
Sd/-
(A. B. Jadhav)
Judicial Magistrate, (First Class),
71st Court, Bandra, Mumbai.
Date :08/09/2025.
Dictated on :- 08/09/2025.
Transcribed on :- 08/09/2025.
Checked on :- 08/09/2025.
Signed on :- 08/09/2025.
SRD
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