Final Order 1

Order Details: Order Below EX 1
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CC No.371/N/2022
Mahesh V/s. Vakola PS
ORDER
1. The present application is filed for return of Auto Rickshaw
bearing No. MH02EQ2294, seized by the Vakola police Station in
C.R.No.458/2022 registered u/sec.435, 285, 34 of IPC.
2. IO and APP objected to return the vehicle to the applicant
as he may use the said vehicle again for criminal activity.
3. The applicant submitted that he is the registered owner of
the said Auto rickshaw and prayed for custody of the vehicle.
Applicant in support of his contention has produced Registration
Certificate, Insurance policy and Driving license. It is clear that
applicant is the registered owner of the said Auto rickshaw. No one else
has claimed the custody of the said vehicle. No good purpose would
serve keeping the vehicle in the police custody. It may get damaged if
remained in idle condition for long period. For the apprehension of IO
and APP conditions can be imposed. 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. MH02EQ
2294, seized by the Vakola police Station in C.R.No.458/2022
registered u/sec.435, 285, 34 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
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CC No.371/N/2022
Mahesh V/s. Vakola PS
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.
4. Applicant shall not use the said vehicle for any criminal
activity.
5. 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.
Sd/
Metropolitan Magistrate,
Date: 01072022 71st Court, Bandra, Mumbai.
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