Final Order 1

Order Details: Order Below EX 1
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CC No.723/N/2022
Adalat Yadav V/s.
BKC PS
ORDER
1. The present application is filed by applicant for return of
tempo bearing No. MH43FG4363, seized by the BKC police Station in
C.R.No.896/2022 registered u/sec.380, 448, 34 of IPC.
2. Investigating Officer did not objected to return the seized
tempo to the applicant. However, APP objected to release the tempo as
it requires for trial.
3. Admittedly, seized tempo belongs to the applicant.
Applicant in support of his contention has produced Tax invoice.
Application is well supported by affidavit of applicant. There is no rival
claim by any person in respect of the seized tempo. Custody of the
tempo is not required for further investigation. In such circumstances,
no good purpose would serve keeping the said tempo further in
custody. For the apprehension of APP condition can be imposed.
Applicant is entitled to receive the seized tempo. In the result, following
order is passed :
ORDER
1. The custody of tempo bearing No. MH43FG4363, seized
by the BKC police Station in C.R.No.896/2022 registered
u/sec.380, 448, 34 of IPC be returned to the applicant on
furnishing indemnity bond of Rs.10,000/.
2. Applicant shall not to transfer, alter, alienate in any
manner seized tempo to any person without prior
permission of Court and to produce the same as and when
required for trial.
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3. The Investigating Officer is directed to produce indemnity
bond of the applicant along with the final report.
Sd/
Metropolitan Magistrate,
Date: 24.11.2022 71st Court, Bandra, Mumbai.
aan/
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