Final Order 1

Order Details: Order Below EX 1
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CC No. 352/N/2022
Jaynanda V/s. BKC PS
ORDER
1. The present application is filed for return of vehicle i.e.
Auto Rickshaw bearing No. MH02DU8705, seized by the BKC police
Station in C.R.No.295/2022 registered u/sec.379 of IPC.
2. The Investigating Officer has given no objection to return
the Autorickshaw to the applicant.
3. The applicant claims that he is the owner of the said
vehicle. The vehicle was stolen. First informant Mohsin Shaikh lodged
report about the incident. He prayed for custody of the vehicle. He has
produced copies of FIR, Contract Carriage Permit, Insurance policy,
Registration Certificate and Aadhar card in support of his version. He
has also produced no objection from the first informant. 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. MH02DU
8705, seized by the BKC police Station in C.R.No.295/2022 registered
u/sec.379 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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CC No. 352/N/2022
Jaynanda V/s. BKC PS
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 photographs and indemnity bond along with final report.
Metropolitan Magistrate,
Date: 19052022 71st Court, Bandra, Mumbai.
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