Final Order 1

Order Details: Order Below EX 1
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CC No. 1017/N/2021
Sanjaykumar Prajapati V/s. Vakola PS
ORDER
1. The present application is filed for return of vehicle i.e.
Auto Rickshaw bearing No. MH02EW2689, seized by the Vakola
police Station in C.R.No.853/2021 registered u/sec.379, 34 of IPC.
2. The Investigating Officer filed his say and gave No
objection to return autorickshaw bearing no. MH02EW2089. The
number of the vehicle did not correspond with the number of the
vehicle mentioned by the applicant. Hence, clarification was sought
from the IO. He then submitted clarification that the registration
number of the seized auto rickshaw was mistakenly mentioned in the
seizure panchanama as MH02EW2089. However, the registration
number of the seized vehicle is MH02EW2689. He furnished no
objection to return the seized vehicle to the applicant.
3. The applicant claims that he is the owner of the said
vehicle. The vehicle was seized in connection with the alleged offence.
He prayed for custody of the vehicle. He has produced copies of FIR,
Seizure Panchanama, Contract Carriage Permit, Fitness Certificate,
Registration Certificate and Aadhar card in support of his version. No
one else has claimed the custody of the said vehicle. In view of the
clarification furnished by the IO, there is no likelihood that the trial will
commence and conclude in near future. The vehicle may get damaged if
remained in idle condition for long period. 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. MH02EW
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CC No. 1017/N/2021
Sanjaykumar Prajapati V/s. Vakola PS
2689, seized by the Vakola police Station in C.R.No.853/2021
registered u/sec.379, 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
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. 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.
5. The applicant should not use or allow to be used the
vehicle for any illegal or immoral purpose.
Metropolitan Magistrate,
Date: 22042022 71st Court, Bandra, Mumbai.
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