Final Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No. 131/N/2023
Kamlesh V/s. Santacruz P. Stn.
ORDER
1. The present application is filed for return of auto rickshaw
bearing No.MH02EW2705, seized by the Santacruz police station in
C. R. No.296/2023, 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,
Insurance Policy, FIR, 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 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.MH02EW2705,
seized by the Santacruz police Station in C. R. No.296/2023, 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 : 13/04/2023.
SRD.
Sd/
Metropolitan Magistrate,
71st Court, Bandra, Mumbai.
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