Final Order 1

Order Details: Order Below EX 1
Pdf Text: CNR NO.MHMM18-007946-2024 C. C. No. 313/N/2024
Arif V/s. BKC P. Stn.
ORDER
1. The present application for return of seized vehicle i.e.
Bajaj auto rickshaw having registration No.MH-47-AJ-2401, seized by
the B.K.C. police station in connection with C. R. No.620/2023,
registered U/Sec. 363, 365, 323 r/w 34 of I.P.C.
2. I.O. did not objected to return the seized muddemal to the
applicant. 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
F.I.R., Certificate of Fitness, Auto Test Certificate, Pollution under
control certificate, e-fee receipt, R.C. Book, Permit, Insurance, his
Aadhar card. Application is well supported by affidavit of applicant.
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 i.e. Bajaj auto rickshaw
having registration No.MH-47-AJ-2401, seized by the
B.K.C. police station in connection with C. R.
No.620/2023, registered U/Sec. 363, 365, 323 r/w
34 of I.P.C. be handed over to the applicant on
execution of indemnity bond of R.1,50,000/-.
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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 from all sides, at
the cost of the applicant and produce the same with
indemnity bond of applicant along with final report.
Mumbai.
Date : 22/08/2024.
SRD
Sd/-
Metropolitan/Judicial Magistrate,
(First Class), 71st Court, Bandra, Mumbai.
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