Final Order 1

Order Details: Order Below EX 1
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE,
32ND COURT, BANDRA, MUMBAI.
Notice No. 315/N/2018.
C.R. No. 388/2014.
Excise 'FS I' Division
Vasant Tukaram Latke … Applicant
V/s.
1. Inspector of Police,
Excise 'FS I' Division
2. Officer of Regional
Transport office, Borivali
...Respondents.
ORDER BELOW APPLICATION FOR PERMISSION FOR DISPOSAL /
SCRAP THE AUTORIKSHAW BEARING NO. MH02QA8037
By this application the applicant Vasant Tukaram Latke, is
seeking permission for disposal / scrap the autorickshaw bearing No.
MH02QA8037 as quoted in the application, being registered owner for
the same. It is further submitted that, the said auto rickshaw was seized
by Excise 'FS I' Division, as alleged. The application is supported by
various documents such as affidavit of applicant, copy of registration
certificate etc.
2. Accordingly say of APP, Investigation Officer, Excise 'FS I'
Division and Regional Transport Officer were called. Learned APP and
Regional Transport Officer have failed to file their say. Whereas,
Investigation Officer, Excise 'FSI' Division has objected the said
application.
3. Heard argument, perused the record.
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4. Considering the application supported by documents, it is
evident that, the autorickshaw is 16 years old, there is excessive
problem in the engine of the said autorickshaw and applicant has to
suffer expenditure on day to day basis for the repair of the same. The
livelihood of the applicant depends upon said autorickshaw. Therefore,
it is just and proper scrap the autorickshaw, subject to conditions.
Hence, the following order :
ORDER
1 Auto rickshaw, bearing registration No. MH02QA8037
be dispose of as prayed.
2 The applicant shall not be permitted to dispute the identity
of rickshaw during trial, if any.
3 The applicant shall required to deposit the new auto
rickshaw or an amount equal to the price of autorickshaw,
in case offence proved and confiscation of old rickshaw
would direct by the court.
4 Copy of the order be kept with the chargesheet.
5 Inform accordingly.
Date : 07.08.2018
ssl.
(S. N. Shinde)
Metropolitan Magistrate,
32nd Court, Bandra, Mumbai.
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