Final Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No. 162/N/2023
Noor Mohd. V/s. BKC P. Stn.
ORDER
1. The present application is filed for return of auto rickshaw
bearing No.MH03CG0660, seized by the BKC police station in
C. R. No.0151/2023, 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, Permit in respect of Contract Carriage, Certificate of
fitness, Pollution under controal certificate, Driving Licence, FIR, Buckle
and Aadhar Card. Application is well supported by affidavit of applicant
and NOC of original owner. 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. MH03CG0660,
seized by the BKC police Station in C. R. No.0151/2023, registered
U/Sec. 379 of IPC be handed over to the applicant on execution of
indemnity bond of Rs.10,000/.
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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.
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 : 12/05/2023.
Sd/
Metropolitan Magistrate,
71st Court, Bandra, Mumbai.
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