Final Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No. 244/N/2023
Vijay V/s. Santacruz P. Stn.
ORDER
1. The present application is filed for return of rickshaw
bearing No.MH02FB8450, seized by the Santacruz police station in
connection with C. R. No.464/2023, registered U/Sec. 379 of IPC.
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, PAN Card,
driving licence. 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.MH02FB8450, seized by
the Santacruz police Station in C. R. No.464/2023, registered
U/Sec.379 of IPC r/w. be handed over to the applicant on
execution of indemnity bond of R.50,000/.
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.
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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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