Final Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No. 446/N/2023
Vijay Kumar V/s. Santacruz P. Stn.
ORDER
1. The present application is filed for return of auto rickshaw
bearing registration No.MH-02-FB-3567, seized by the Santacruz police
station in connection with C.R.No.644/2023, registered U/Sec. 379 of
I.P.C.
2. I.O. did not object to return the seized vehicle to the
applicant. However, Ld. A.P.P. objected to release the vehicle, as it
requires for trial.
3. Admittedly, seized vehicle belongs to the applicant.
Applicant in support of his contention has produced xerox copies of
Permit in respect of contract carriage permit, R. C. Book, E-Fee Receipt,
Driving Licence, F.I.R. FIR, his PAN Card and Aadhar Card. Application
is well supported by affidavit of applicant and informant viz. Vinod
Kumar Mahadev Gound. 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 muddemal i.e. auto rickshaw
bearing registration No.MH-02-FB-3567, seized by the
Santacruz police station in connection with C. R.
No.644/2023, registered U/Sec. 379 of I.P.C. be handed
over to the applicant on execution of indemnity bond of
R.1,00,000/-.
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2 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 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 : 17/10/2023.
SRD
Sd/-
Metropolitan Magistrate,
71st Court, Bandra, Mumbai.
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