Final Order 1

Order Details: Order Below EX 1
Pdf Text: … 1 ...
ORDER BELOW APPLICATION FOR RETURN OF PROPERTY IN
NOTICE NO.687/N/2020
1. The present application is filed for return of vehicle i.e.
Auto Rickshaw bearing No.MH02DU0514, seized by the Santacruz
police Station in C.R.No.263/2020 registered u/sec.379 of IPC.
2. The Investigating Officer has No objection to return the
vehicle.
3. The applicant had earlier filed application for return of
abovementioned vehicle vide C.C. No. 630/N/2020. He withdrew his
application and filed the present application. The applicant claims that
he is the owner of the said vehicle. It was stolen. Report about theft
was lodged. He has produced copies of FIR, registration certificate,
Contract Carriage Permit, Insurance Policy and Aadhar Card in support
of his version. He has produced No Objection from the first informant to
hand over the vehicle to the applicant. 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. The contents of FIR show
that the first informant also claimed to be owner of the vehicle.
However, in view of NOC issued by him, the vehicle may be returned to
the applicant. 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.MH02DU0514,
seized by the Santacruz police Station in C.R.No.263/2020
registered u/sec.379 of IPC be handed over to the applicant
2. The applicant to execute indemnity bond of Rs.1,50,000/.
-- 1 of 2 --
… 2 ...
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.
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.
5. The first informant also shall execute affidavit that he will
produce the vehicle whenever directed by the court.
Metropolitan Magistrate,
Date: 02012021 71st Court, Bandra, Mumbai.
-- 2 of 2 --