Final Order 1

Order Details: Order Below EX 1
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CC No.788/N/2022
Oshim V/s. Vakola PS
ORDER
1. The present application is filed for return of Activa 3G
motorcycle bearing No. MH05CN8088, seized by the Vakola police
Station in C.R.No.1290/2022 registered u/sec. 279, 337 of IPC and 184
of MV Act.
2. IO and APP objected to return the vehicle to the applicant,
as it requires for trial.
3. Admittedly, seized motorcycle belongs to the applicant.
Applicant in support of his contention has produced R.C.Book and
Insurance Policy. Application is well supported by affidavit of applicant.
He has produced copies NOC of accused. Custody of the motorcycle is
not required for further investigation. In such circumstances, no good
purpose would serve keeping the said motorcycle further in custody. For
the apprehension of APP condition can be imposed. Applicant is entitled
to receive the seized motorcycle. In the result, following order is passed
:
ORDER
1. The custody of Activa 3G motorcycle bearing No. MH05
CN8088, seized by the Vakola police Station in C.R.No.1290/2022
registered u/sec.279, 337 of IPC and 184 of MV Act be handed over to
the applicant on execution of indemnity bond of Rs.50,000/.
2. The applicant is directed not to sell, transfer, alter, dispose
or hand over the seized motorcycle to third person without prior
permission of court and to produce the concerned motorcycle before the
Court, whenever required for trial.
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CC No.788/N/2022
Oshim V/s. Vakola PS
3. The Investigating Officer is directed to take the
photographs of the seized property, at the cost of the applicant and to
produce the photographs and indemnity bond along with final report.
Sd/
Mumbai
Date : 23/12/2022.
Metropolitan Magistrate,
71st Court, Bandra, Mumbai.
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