Final Order 1

Order Details: Order Below EX 1
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C. C. No. 552/N/2020
C.R. NO. : 220/2020
P.S. : BKC
ORDER BELOW APPLICATION FOR RETURN OF PROPERTY
1. The vehicle Autorickshaw bearing No. MH03DC5766 had
been seized for violation of Sec. 188, 269 of IPC and 51 of Disaster
Management Act and 3/181 of M.V. Act.
2. The applicant is praying for custody of the vehicle. He has
produced requisite documents i.e. Registration Certificate and Aadhar
Card in support of his version. He has also produced No objection from
the accused to return the vehicle to the applicant. No one else has
claimed the custody of the vehicle. The vehicle may get damaged if
remained in idle condition for long period. Considering the present
pandemic situation, the vehicle may be released in favour of the
applicant subject to compliance with certain conditions. It is necessary
to impose strict conditions to avoid further violation of guidelines issued
from time to time. As such following order is passed:
ORDER
1. The custody of abovesaid vehicle/s be handed over to the
applicant/claimant.
2. The applicant to execute indemnity bond of Rs.2,00,000/
and deposit Rs. 3,000/ by way of cash security.
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.
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4. The Investigating Officer is directed to take the
photographs of the seized property, at the cost of the registered owner
and to produce the same with the final report.
5. The applicant shall not utilize the vehicle in contravention
of the guidelines and the norms issued by Central Government, State
Government and local authorities.
Metropolitan Magistrate,
Date: 03.10.2020 71st Court, Bandra, Mumbai.
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