Final Order 1

Order Details: Order Below EX 1
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ORDER BELOW APPLICATION FOR RETURN OF PROPERTY IN
NOTICE NO.574/N/2020
1. The present application is filed for return of vehicle i.e.
Auto Rickshaw bearing No.MH02FB0503, seized by the Santacruz
police Station in C.R.No.227/2020 registered u/sec.379 r/w. Sec. 34 of
IPC.
2. The Investigating Officer has no objection to return the
vehicle.
3. The applicant submits that he was plying the
abovementioned auto rickshaw owned by Murari Mandal. It was stolen.
Report about theft was lodged. He has produced copies of FIR,
registration certificate, PUC and Aadhar Card in support of his version.
He has also produced no objection and authority letter from the
registered owner to handover the vehicle to him. 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.MH02FB0503,
seized by the Santacruz police Station in C.R.No.227/2020 registered
u/sec.379 r/w. Sec. 34 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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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 same and indemnity bond alongwith the final report.
Metropolitan Magistrate,
Date: 09102020 71st Court, Bandra, Mumbai.
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