Final Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No. 313/N/2023
Chotelal V/s. Vakola P. Stn.
ORDER
1. The present application is filed for return of Auto Rickshaw
having registration No.MH02FV7104, seized by the Vakola police
station in connection with C. R. No.576/2023, registered U/Sec. 65 (e)
of the Maharashtra Prohibition Act.
2. I.O. objected to return the seized vehicle to the applicant.
Ld. A.P.P. objected to release the vehicle, as it requires for trial.
3. Admittedly, seized vehicle belongs to Mangulal Yadav, who
also filed his affidavit stating that, he has no objection to hand over the
seized autorickshaw to the applicant. Applicant in support of his
contention has produced xerox copies of his Aadhar Card, Driving
Licence, F.I.R., Insurance Policy, Certificate of Fitness, Permit in respect
of contract carriage permit. Application is well supported by affidavit of
applicant and registered owner viz. Mangu Shrikrishna Yadav. 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 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 having registration No.MH02FV
7104, seized by the Vakola police Station in C. R. No.
576/2023, registered U/Sec. 65 (e) of the Maharashtra
Prohibition Act be anded over to the applicant on execution of
indemnity bond of R.1,00,000/.
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2. The applicant and the registered owner viz. Mangu Shrikrishna
Yadav are 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, at the cost of the applicant and produce the
same with indemnity bond of applicant along with final report.
Mumbai
Date : 11/08/2023.
SRD
Sd/
Metropolitan Magistrate,
71st Court, Bandra, Mumbai.
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