Final Order 1

Order Details: Order Below EX 1
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CC No. 212/N/2022
Jitendra V/s. Vakola PS
ORDER
1. The present application is filed for return of vehicle i.e.
Auto Rickshaw bearing No. MH02EW0295, seized by the Vakola
police Station in C.R.No.228/2022 registered u/sec.379 of IPC.
2. The Investigating Officer filed his say and gave No
objection to return autorickshaw.
3. The applicant claims that he is the owner of the said
vehicle. The vehicle was stolen. First informant Vishvajeet Yadav
registered FIR. The vehicle is seized by the police. The applicant prayed
for custody of the vehicle. He has produced copies of FIR, Insurance
policy, Registration Certificate and Aadhar card in support of his
version. He has also produced no objection from the first informant. 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 Auto Rickshaw bearing No. MH02EW
0295, seized by the Vakola police Station in C.R.No.228/2022
registered u/sec.379 of IPC be handed over to 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,
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CC No. 212/N/2022
Jitendra V/s. Vakola PS
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 or allow to be used the
vehicle for any illegal or immoral purpose.
Metropolitan Magistrate,
Date: 18052022 71st Court, Bandra, Mumbai.
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