Final Order 1

Order Details: Order Below EX 1
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE,
32ND COURT, BANDRA, MUMBAI.
Notice No.175/N/2020.
C.R. No. 47/2019.
Kherwadi Police Station.
Ram Lakhan Rambahadur Varma … Applicant
V/s.
Sr. Inspector of Police,
(Kherwadi Police Station) ...Respondent.
ORDER BELOW APPLICATION FOR RETURN OF PROPERTY
VIZ. AUTORICKSHAW BEARING No.MH02DU7247
1. This is an application vide section 451 of Cr.P.C. for return
of seized autorickshaw, bearing registration No.MH02DU7247, Chasis
No.MD2A27AZ3FWF74339. According to the applicant, informant lodged
report in police station and Kherwadi police registered the said crime.
During investigation police seized auto rickshaw as the accused was driving
the said auto rickshaw. Applicant is the owner of the said auto rickshaw
and he has given the said autorickshaw to applicant on rental basis for
driving purpose. Hence, applicant prayed to give interim custody to him.
2. Perused application, say of investigating officer and say of
Ld. APP.
3. Ld. Counsel for applicant submitted that he is the owner of the
auto rickshaw and he has given the said auto rickshaw to applicant on
rental basis for driving purpose. Applicant sought custody of said seized
autorickshaw. He is ready to produce the said property whenever required
till final disposal of case. The application is supported by various documents
such as copy of Registration Certificate, FIR, Aadhar card and affidavit of
applicant, affidavit cum NOC of informant, Copy of R.C. Book, copy of
insurance certificate, copy of PUC, Permit etc.
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4. Investigating officer rendered his no objection to release said
rickshaw in favour of applicant. Whereas, Ld. APP failed to file say.
5. Considering the reasons mentioned in application supported
by documents, it is evident that, the aforementioned rickshaw may be
temporarily released in favor of the applicant, being entitled for the
same. Hence, upon imposing certain conditions the said rickshaw may
be released in favour of applicant. Hence, the following order :
ORDER
1 The seized autorickshaw be released in favour of
applicant viz. Ram Lakhan Rambahadur Varma on his
furnishing indemnity bond of र.1,00,000/.
2 He shall produce the said autorickshaw as and when
required by the Court.
3 Investigation Officer shall obtain photographs of seized
vehicle from all angles for its proper identification in
future.
4 Copy to the concerned police station for compliance of
this order.
Date : 07.03.2020
kkg.
(Sudhir N. Shinde)
Metropolitan Magistrate,
32nd Court, Bandra, Mumbai.
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