Final Order 1

Order Details: Order Below EX 1
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE,
32ND COURT, BANDRA, MUMBAI.
Notice No. 529/N/2018.
C.R. No. 123/2018.
Kherwadi Police Station.
Santosh Jalva Kharat … Applicant
V/s.
Sr. Inspector of Police,
(Kherwadi Police Station) ...Respondent.
ORDER BELOW APPLICATION FOR RETURN OF PROPERTY
VIZ. AUTO RICKSHAW WORTH र 1,40,000/.
By this application the applicant Santosh Jalva Kharat, is
seeking return of auto rickshaw, bearing registration No. MH02VA
2396 as quoted in the application, being registered owner for the same.
It is further submitted that, the said auto rickshaw was seized by
Kherwadi police station, as alleged. He is ready to produce the said
property whenever required till final disposal of case. The application is
supported by various documents such as copies of F.I.R., driving licence,
Registration Certificate, insurance policy, affidavit of applicant etc.
2. Accordingly say of Investigation Officer and APP were
called. Investigating officer has given his no objection to release the said
auto rickshaw in favour of applicant, whereas, APP has failed to file his
say.
3. Heard argument, perused the record.
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4. Considering the reasons mentioned in application supported
by documents, it is evident that, the aforementioned auto rickshaw may
be temporarily released in favor of the applicant, being registered owner
of the same. Hence, upon imposing certain conditions the said auto
rickshaw may be released in favor of applicant. Hence, the following
order :
ORDER
1 The seized auto rickshaw, bearing registration No.
MH02VA2396 be released in favor of applicant viz.
Santosh Jalva Kharat on his furnishing indemnity
bond of र. 1,40,000/.
2 He shall produce the said auto rickshaw as and when
required by the Court.
3 Investigation Officer shall obtain photographs of seized
vehicle from all angles for its proper identification in
future.
4 Copy to the concerned police station for compliance of
this order.
Date : 21.07.2018
ssl.
(S. N. Shinde)
Metropolitan Magistrate,
32nd Court, Bandra, Mumbai.
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