Final Order 1

Order Details: Order Below EX 1
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ORDER BELOW APPLICATION IN C.C. NO. 106/N/2021
1. The present application is filed for return of vehicle i.e.
Maruti Wagon R bearing No.MH43BA2290 seized by the Vakola
police Station in C.R.No.413/2020 registered u/sec. 379, 34 of IPC.
2. The Investigating Officer has no objection to return the
vehicle to the applicant.
3. The applicant had earlier filed application bearing CC No.
769/N/2020 for claiming custody of the vehicle. However, he did not
produce documents to support his version. Hence, his application was
rejected. He preferred present application thereafter. He claims that he
is the owner of the said vehicle. It was stolen. He lodged report about
theft. He has produced copies of FIR, Driving License, PAN Card,
registration certificate, All India Tourist Permit, Udyog Aadhar
Memorandum, Certificate of fitness, authorisation for tourist vehicle
permit and Aadhar card in support of his version. According to the
applicant he is proprietor of S.N.K. Tours and Travels. The documents
submitted by him support his submission. 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 Maruti Wagon R bearing No.MH43BA
2290 seized by the Vakola police Station in C.R.No.413/2020 registered
u/sec. 379, 34 of IPC be handed over to the applicant.
2. The applicant to execute indemnity bond of Rs.4,00,000/.
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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,
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 same and indemnity bond alongwith the final report.
Metropolitan Magistrate,
Date: 09032021 71st Court, Bandra, Mumbai.
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ORDER IN CC NO. 539/N/2018
1. The present application is filed for return of Maruti Suzuki
Ertiga bearing No. MH16BY3131, seized by the Vakola police Station
in C.R.No.66/2018 registered u/sec. 379, 465, 467, 468, 471 of IPC.
2. The Investigating Officer filed his say. It appears from his
say that the vehicle bearing number MH01CV2974 is seized. The
registration number of the vehicle mentioned by the applicant and the
vehicle number of the vehicle seized in this crime are different. It is
apparent that the vehicle of the applicant is not recovered. Therefore,
the prayer of the applicant cannot be considered. Hence, the
application is rejected.
Metropolitan Magistrate,
Date: 07.01.2020 71st Court, Bandra, Mumbai.
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ORDER IN CC NO. 907/N/2019
1. The present application is filed for return of Bajaj Auto
Rickshaw bearing No. MH02EF5826, seized by the Santacruz police
Station in C.R.No.159/2019 registered u/sec. 379 of IPC.
2. The Investigating Officer filed his say and given no
objection to return the seized vehicle to the applicant.
3. The applicant claims that he is the owner of the said
vehicle. It was in possession of Shankar Acharya. It was stolen.
Shankar Acharya lodged report regarding theft. The applicant is
claiming the custody of the vehicle stating that he is the owner of the
vehicle. The applicant produced on record copy of FIR, certificate of
registration and Aadhar Card in support of his version. He has also
produced Noobjection from Shankar Acharya to handover the vehicle
to the applicant. No one else except the applicant has claimed the
custody of the vehicle. The vehicle may get damaged if remained in idle
condition for longer period. It will be proper to release the vehicle in
favour of the applicant by imposing conditions. As such following order
is passed:
ORDER
1. The custody of Bajaj Auto Rickshaw bearing No. MH02EF
5826, seized by the Santacruz police Station in C.R.No.159/2019
registered u/sec. 379 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,
whenever required for trial.
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4. The Investigating Officer is directed to take the
photographs of the seized property, at the cost of the applicant and to
produce the same and indemnity bond with the final report.
Metropolitan Magistrate,
Date: 06.01.2020 71st Court, Bandra, Mumbai.
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ORDER IN CC NO. 903/N/2019
1. The present application is filed for return of Bajaj Auto
Rickshaw bearing No. MH02EQ0508, seized by the Santacruz police
Station in C.R.No.447/2019 registered u/sec. 379 of IPC.
2. The Investigating Officer filed his say and given no
objection to return the seized vehicle to the applicant.
3. The applicant claims that he is the owner of the said
vehicle. It was in possession of his relative Suresh Kumar Patel. It was
stolen. Suresh Kumar Patel lodged report regarding theft. The
applicant is claiming the custody of the vehicle stating that he is the
owner of the vehicle. The applicant produced on record copy of FIR,
Insurance policy, contract carraige permit, certificate of fitness, driving
licence, certificate of registration and Aadhar Card in support of his
version. He has also produced Noobjection from Suresh Kumar Patel to
handover the vehicle to the applicant. No one else except the applicant
has claimed the custody of the vehicle. The vehicle may get damaged if
remained in idle condition for longer period. It will be proper to release
the vehicle in favour of the applicant by imposing conditions. As such
following order is passed:
ORDER
1. The custody of Bajaj Auto Rickshaw bearing No. MH02
EQ0508, seized by the Santacruz police Station in C.R.No.447/2019
registered u/sec. 379 of IPC be handed over to the applicant subject to
following conditions.
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
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of court and to produce the concerned vehicle before the Court,
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 same with the chargesheet.
Metropolitan Magistrate,
Date: 02.01.2020 71st Court, Bandra, Mumbai.
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ORDER IN NOTICE NO.537/N/2019
1. The present application is filed for return of two wheeler.
2. The applicant has produced copy of FIR and Aadhar Card. He is
directed to produced RC book of the vehicle. The applicant is claiming
custody of the vehicle. However, he did not produce RC book till date. The
applicant and his advocate are absent since last few dates. The applicant
could not show that he is entitled to regain custody of the vehicle. Merely
because he lodged FIR, the vehicle cannot be handed over to the applicant.
The applicant could not substantiate his claim. Hence, the application stands
rejected.
Metropolitan Magistrate,
Date: 02.01.2020 71st Court, Bandra, Mumbai.
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