Final Order 1

Order Details: Order Below EX 1
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C. C. No. 808/N/2020
C.R. NO. : 351/2020
P.S. : BKC
ORDER BELOW APPLICATION FOR RETURN OF PROPERTY
1. The vehicle Bajaj Autorickshaw bearing No. MH02EW
9636 had been seized for violation of Sec. 188, 269 of IPC.
2. The applicant is praying for custody of the vehicle. He has
produced requisite documents i.e. FIR, Contract Carraige Permit,
Registration Certificate, Insurance Policy and Aadhar Card in support of
his version. He has also produced No objection from the accused to
hand over the vehicle to him. No one else has claimed the custody of
the vehicle. The vehicle may get damaged if remained in idle condition
for long period. Considering the present pandemic situation, the
vehicle may be released in favour of the applicant subject to compliance
with certain conditions. It is necessary to impose strict conditions to
avoid further violation of guidelines issued from time to time. As such
following order is passed:
ORDER
1. The custody of abovesaid vehicle/s be handed over to the
applicant/claimant.
2. The applicant to execute indemnity bond of Rs.1,00,000/
and deposit Rs. 2,000/ by way of cash security.
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.
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4. The Investigating Officer is directed to take the
photographs of the seized property, at the cost of the registered owner
and to produce the same with the final report.
5. The applicant shall not utilize the vehicle in contravention
of the guidelines and the norms issued by Central Government, State
Government and local authorities.
Metropolitan Magistrate,
Date: 02.01.2021 71st Court, Bandra, Mumbai.
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