Final Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No. 83/N/2023
Nafiz V/s. Vakola P. Stn.
ORDER
1. The present application is filed for return of auto rickshaw
bearing No. MH04JH9388, seized by the Vakola police station in
C. R. No.0133/2023, registered U/Sec. 392, 323 r/w. 34 of IPC.
2. I.O. objected to release the auto rickshaw, as it requires for
trial.
3. Admittedly, seized auto rickshaw belongs to the applicant.
Applicant in support of his contention has produced R. C. Book and his
Aadhar Card. Application is well supported by affidavit of applicant.
Custody of the auto rickshaw is not required for further investigation. In
such circumstances, no good purpose would serve keeping the said auto
rickshaw further in custody. For the apprehension of I.O. condition can
be imposed. Applicant is entitled to receive the seized auto rickshaw. In
the result, following order is passed :
ORDER
1. The custody of auto rickshaw bearing No. MH04JH9388,
seized by the Vakola police Station in C. R. No.0133/2023, registered
U/Sec. 392, 323 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 auto rickshaw to third person without prior
permission of court and to produce the same before the Court,
whenever required for trial.
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3. The applicant is directed not use said auto rickshaw in any
crime, in the future.
4. The Investigating Officer is directed to take the
photographs of the seized auto rickshaw, at the cost of the applicant
and to produce the photographs and indemnity bond along with final
report.
Mumbai
Date : 14/03/2023.
Sd/
Metropolitan Magistrate,
71st Court, Bandra, Mumbai.
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