Final Order 1

Order Details: Order Below EX 1
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C. C. No.800/N/2022
Priti V/s. Vakola PS
ORDER
1. The present application is filed for return of scooter bearing
No. MH02FV1729, seized by the Vakola police Station in
C.R.No.1028/2022 registered u/sec. 392 r/w. 34 of IPC.
2. IO did not object to return the seized scooter to the
applicant. However, APP objected to release the scooter as it requires
for trial.
3. Admittedly, seized motorcycle belongs to the applicant.
Applicant in support of her contention has produced R. C. Book and
Insurance Policy. Application is well supported by affidavit of applicant.
Custody of the scooter is not required for further investigation. In such
circumstances, no good purpose would serve keeping the said scooter
further in custody. For the apprehension of APP condition can be
imposed. Applicant is entitled to receive the seized scooter. In the
result, following order is passed :
ORDER
1. The custody of Activa scooter bearing No. MH02FV1729,
seized by the Vakola police Station in C.R.No.1028/2022 registered
u/sec. 392 r/w. 34 of IPC be handed over to the applicant on execution
of indemnity bond of Rs.10,000/.
2. The applicant is directed not to sell, transfer, alter, dispose
or hand over the seized scooter to third person without prior permission
of court and to produce the concerned scooter before the Court,
whenever required for trial.
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C. C. No.800/N/2022
Priti 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.
Mumbai
Date : 03/01/2023.
Sd/
Metropolitan Magistrate,
71st Court, Bandra, Mumbai.
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