Final Order 1

Order Details: Order Below EX 1
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Prakash Kerba Dhamdhere V/s Vakoa PS
ORDER
1. The present application is filed for return of tempo bearing
No. MH12NX9265 seized by the Vakola police Station in C.R. No.
1289/2022 registered u/sec.379, 34, 411 of IPC.
2. Investigating Officer and 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 RC and Insurance.
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 IO and 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. MH12NX9265 seized by the
Vakola police Station in C.R. No. 1289/2022 registered u/sec.379, 34,
411 of IPC be handed over to the applicant on executing indemnity
bond of Rs.10,000/.
2. Applicant is directed not to sell, transfer, alter, dispose or
hand over the seized vehicle to third person without prior permission of
court and to produce the concerned vehicle before the Court, whenever
required for trial.
3. Investigating Officer is directed to take the photographs of
the seized property, at the cost of the applicant and to produce the
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Prakash Kerba Dhamdhere V/s Vakoa PS
photographs and indemnity bond along with final report.
Sd/
Metropolitan Magistrate,
Date: 19122022 71st Court, Bandra, Mumbai.
aan/
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Prakash Kerba Dhamdhere V/s Vakoa PS
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