Final Order 1

Order Details: Order Below EX 1
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ORDER IN NOTICE NO.786/N/2019
1. The present application is filed for return of Bajaj Auto Rickshaw
bearing No. MH03BN9305, seized by the Santacruz police Station in
C.R.No.226/2019 registered u/sec. 379 of IPC.
2. The PSO of Santacruz Police Station has given noobjection to
return the vehicle to the applicant.
3. The applicant submitted that he is the owner of the auto
rickshaw. It was let out to Gul mohammed Ansari. It was stolen. Gul
mohammed Ansari lodged report regarding the theft. The applicant produced
copy of FIR, Certificate of fitness, RC, Insurance policy, contract carriage
permit and Aadhar Card in support of his version. Gul mohammed Ansari has
given noobjection to handover the vehicle to the applicant. No one else has
claimed the custody of the said vehicle. 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 Bajaj Auto Rickshaw bearing No. MH03BN
9305, seized by the Santacruz police Station in C.R.No.226/2019 registered
u/sec. 379 of IPC be handed over to the applicant in the condition in which it
is seized.
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 same and
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the indemnity bond with the final report.
Sd/
Metropolitan Magistrate,
Date: 07.12.2019 71st Court, Bandra, Mumbai.
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