Final Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No. 86/N/2023
Jaikishan V/s. Vakola P. Stn.
ORDER
1. The present application is filed for return of auto rickshaw
bearing No.MH02EF2784, seized by the Vakola police station in C. R.
No.460/2020, registered U/Sec. 379 of IPC.
2. I.O. did not object to return the seized auto rickshaw to the
applicant. However, Ld. A.P.P. 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
Driving Licence. 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 Ld. A.P.P.
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.MH02EF2784,
seized by the Vakola police Station in C. R. No.460/2020, registered
U/Sec. 379 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 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 : 18/03/2023.
Sd/
Metropolitan Magistrate,
71st Court, Bandra, Mumbai.
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