Final Order 1

Order Details: Order Below EX 1
Pdf Text: CNR NO.MHMM18-010902-2024 C. C. No. 512/N/2024
Balbir V/s. B.K.C. P. Stn.
ORDER
1. The present application for return of seized vehicle i.e.
Water Tanker having registration No.MH-04-HD-1894, seized by the
B.K.C. police station in connection with C. R. No.567/2024, registered
U/Sec. 281, 125(b), 106 (1) of The Bharatiya Nyaya Sanhita, 2023 and
184 of Motor Vehicle Act, 1988.
2. I.O. did not objected to return the seized muddemal to the
applicant. Ld. A.P.P. objected to release the vehicle, as it requires for
trial.
3. Admittedly, seized vehicle belongs to the applicant.
Applicant in support of his contention has produced xerox copies of
F.I.R., R.C. Book, Pollution under control certificate, Tax Receipt, Fitness
Certificate, Permit, Insurance and his Aadhar card. 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. i.e. Water Tanker
having registration No.MH-04-HD-1894, seized by
the B.K.C. police station in connection with C. R.
No.567/2024, registered U/Sec. 281, 125(b), 106 (1)
of The Bharatiya Nyaya Sanhita, 2023 and 184 of
Motor Vehicle Act, 1988 be handed over to the
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applicant on execution of indemnity bond of
R.15,00,000/-.
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 : 24/09/2024.
SRD
Sd/-
Metropolitan/Judicial Magistrate,
(First Class), 71st Court, Bandra, Mumbai.
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