Final Order 1

Order Details: Copy of Judgment
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CC No. 79/N/2022
Subhash Sonar V/s. Santacruz PS
ORDER
1. The present application is filed for return of vehicle i.e.
Bajaj Auto Rickshaw bearing No.MH02DU4359, seized by the
Santacruz police Station in C.R.No.13/2022 registered u/sec.379, 34 of
IPC.
2. The Investigating Officer has No objection to return the
vehicle.
3. The applicant claims that he is the owner of the said
vehicle. It was stolen. Report about theft was lodged. He has
produced copies of FIR, Registration Certificate, Fitness Certificate and
Aadhar card in support of his version. He has also produced no
objection from the first informant to return the vehicle to him. No one
else has claimed the custody of the said vehicle. There is no likelihood
that the trial will commence and conclude in near future. The vehicle
may get damaged if remained in idle condition for long period. It will
be proper to return the seized vehicle to the applicant by imposing
conditions. As such following order is passed:
ORDER
1. The custody of Bajaj Auto Rickshaw bearing No.MH02DU
4359, seized by the Santacruz police Station in C.R.No.13/2022
registered u/sec.379, 34 of IPC be handed over to the applicant.
2. The applicant to execute indemnity bond of Rs.1,50,000/.
3. 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 to produce the concerned vehicle before the Court,
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CC No. 79/N/2022
Subhash Sonar V/s. Santacruz PS
whenever required for trial.
4. 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.
Metropolitan Magistrate,
Date: 15022022 71st Court, Bandra, Mumbai.
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