Final Order 1

Order Details: Order Below EX 1
Pdf Text: … 1 … CC No. 159/N/2022
Prasad Gaokar V/s. BKC PS
ORDER
1. The present application is filed for return of vehicle i.e.
Bajaj Auto Rickshaw bearing No.MH03BN8280, seized by the BKC
police Station in C.R.No.40/2022 (CCTNS No. 56/2022) registered
u/sec. 394, 504, 506, 34 of IPC.
2. The Investigating Officer has No objection to return the
vehicle.
3. The applicant claims that he is the owner of the said
vehicle. It is submitted that he was merely taking his passenger at the
destination desired by the passenger. The passenger got involved in a
dispute and he was trying to help the passenger to avoid the dispute.
He has no role in the alleged offence. Report about incident was
lodged. He is praying for return of the vehicle. He has produced copies
of FIR, Insurance policy, registration certificate, Contract Carriage
permit and Aadhar card in support of his version. Taking into account
the allegations in FIR, it appears that further custody of the seized
vehicle is not required with the police. 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.MH03BN
8280, seized by the BKC police Station in C.R.No.40/2022 (CCTNS No.
56/2022) registered u/sec. 394, 504, 506, 34 of IPC be handed over to
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… 2 … CC No. 159/N/2022
Prasad Gaokar V/s. BKC PS
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.
4. The Investigating Officer is directed to take the
photographs of the seized property, at the cost of the applicant and to
produce the photographs and indemnity bond along with final report.
5. The applicant should not use the said vehicle for any illegal
or immoral act.
Metropolitan Magistrate,
Date: 18042022 71st Court, Bandra, Mumbai.
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