Final Order 1

Order Details: Order Below EX 1
Pdf Text: CNR NO.MHMM18-012926-2024 C. C. No. 629/N/2024
Bibi Fatima V/s. Vakola P. Stn.
ORDER
1. The present application for return of seized vehicle i.e.
Tempo having registration No.MH-04-EB-7725, seized by the Vakola
police station in connection with C. R. No.1019/2024, registered U/Sec.
303 (2), 3(5) of The Bharatiya Nyaya Sanhita, 2023.
2. I.O. did not object 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 her contention has produced xerox copies of
F.I.R., R.C. Book, her 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. Tempo having
registration No.MH-04-EB-7725, seized by the Vakola
police station in connection with C. R.
No.1019/2024, registered U/Sec. 303 (2), 3(5) of
The Bharatiya Nyaya Sanhita, 2023 be handed over
to the applicant on execution of indemnity bond of
R.15,00,000/-.
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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 : 04/12/2024.
SRD.
Sd/-
Metropolitan/Judicial Magistrate,
(First Class), 71st Court, Bandra, Mumbai.
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