Final Order 1

Order Details: Order Below EX 1
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ORDER BELOW APPLICATION NO. 149/N/2021
1. The present application is filed for return of vehicle i.e.
Bajaj Auto Rickshaw bearing No.MH02EW2939, seized by the
Santacruz police Station in C.R.No. 354/2020 registered u/sec.379 of
IPC.
2. The Investigating Officer has no objection to return the
vehicle.
3. The applicant claims that he is entitled to the custody of
the vehicle. It was in his possession. It was stolen. Report about theft
was lodged. He has produced copies of FIR, Copy of Registration
Certificate, Insurance, Contract Carriage Permit, Fitness Certificate,
PUC, Driving License and Aadhar Card in support of his version. 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.MH02
EW2939, seized by the Santacruz police Station in C.R.No. 354/2020
registered u/sec.379 of IPC be handed over to the applicant in the
condition in which it is seized.
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 the indemnity bond alongwith the final report.
Metropolitan Magistrate,
Date: 22022021 71st Court, Bandra, Mumbai.
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