Final Order 1

Order Details: Order Below EX 1
Pdf Text: CNR NO.MHMM18-004023-2025 C. C. No. 197/N/2025
Imran V/s. Vakola P. Stn.
ORDER
1. The present application for return of seized vehicle i.e. auto
rickshaw having registration No.MH-02-DK-2958, seized by the Vakola
police station in connection with C. R. No.134/2025, registered
U/Sec.281, 106(1), 181, 184 of The The Bharatiya Nyaya Sanhita,
2023.
2. I.O. and Ld. A.P.P. strongly objected to release the vehicle, as
it requires for trial.
3. Admittedly, seized vehicle belongs to the applicant.
Applicant in support of his contention has produced xerox Copy of
F.I.R., Copy of permit, Cylender Test Certificate, Electronic Fare Meter
Test Certificate, Copy of his Aadhar Card. Application is well supported
by affidavit of applicant and NOC of Ganesh Gopal Parab who is owner
of vehicle, alongwith copy of agreement, so also agreement between
applicant and Pradeep Chintamani Gupta, who is permit owner.
Custody of the vehicle is not required for further investigation. In such
circumstances, no good purpose would serve keeping the said vehicle
further in custody. For the apprehension of Investigating Officer and Ld.
A.P.P. condition can be imposed. Applicant is entitled to receive the
seized vehicle. In the result, following order is passed :-
ORDER
1 The custody of seized vehicle i.e. auto rickshaw having
registration No.MH-02-DK-2958, seized by the Vakola
police station in connection with C. R. No.134/2025,
registered U/Sec.281, 106(1), 181, 184 of The The
Bharatiya Nyaya Sanhita, 2023 be handed over to the
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applicant on execution of indemnity bond of
R.2,00,000/-.
2 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 shall produce the
same before the Court, whenever required for trial.
3 The Investigating Officer is directed to take the
photographs of the seized vehicle from all sides, at the
cost of the applicant and produce the same with
indemnity bond of applicant along with final report.
Mumbai.
Date : 22/04/2025.
SRD.
Sd/-
Judicial Magistrate, (First Class),
71st Court, Bandra, Mumbai.
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