Final Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No. 241/N/2023
Mubarak V/s. BKC P. Stn.
ORDER
1. The present application is filed for return of rickshaw
bearing No.MH03DC4971, seized by the BKC police station in
connection with C. R. No.213/2023, registered U/Sec. 429 r/w. 34 of
IPC 412 of Mahnagarpalika Act, 5 (C), 9 (A) of Maharashtra Animal
Protection Act, 66 (1), 192 of M. V. Act.
2. I.O. did not object to return the seized rickshaw to the
applicant. However, Ld. A.P.P. objected to release the rickshaw, as it
requires for trial.
3. Admittedly, seized rickshaw belongs to the applicant.
Applicant in support of his contention has produced xerox copies of
insurance policy, R. C. Book, FIR and his Aadhar Card. Application is
well supported by affidavit of applicant. Custody of the rickshaw is not
required for further investigation. In such circumstances, no good
purpose would serve keeping the said rickshaw further in custody. For
the apprehension of Ld. A.P.P. condition can be imposed. Applicant is
entitled to receive the seized rickshaw. In the result, following order is
passed :
ORDER
1. The custody of rickshaw bearing No.MH03DC4971, seized by
the BKC police Station in C. R. No213/2023, registered
U/Sec.429 r/w. 34 of IPC r/w. 412 of Mahnagarpalika Act, 5 (C),
9 (A) of Maharashtra Animal Protection Act, 66 (1), 192 of M. V.
Act be handed over to the applicant on execution of indemnity
bond of R.50,000/.
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2. The applicant is directed not to sell, transfer, alter, dispose or
hand over the seized rickshaw to third person without prior
permission of Court and shall produce the same before the Court,
whenever required for trial.
3. The Investigating Officer is directed to take the photographs of
the seized rickshaw, at the cost of the applicant and produce the
same with indemnity bond of applicant along with final report.
Mumbai
Date : 22/06/2023.
SRD
Sd/
Metropolitan Magistrate,
71st Court, Bandra, Mumbai.
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