Final Order 1

Order Details: Order Below EX 1
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ORDER IN NOTICE NO.795/N/2019
1. The present application is filed for return of Bajaj Auto Rickshaw
bearing No. MH02CT8333, seized by the Vakola police Station in
C.R.No.488/2019 registered u/sec. 379 of IPC.
2. The PSO filed his say and given no objection to return the seized
vehicle to the applicant.
3. The applicant submitted that he is the owner of the auto
rickshaw. The autorickshaw was stolen. He lodged report regarding the
theft. He produced copy of FIR, RC, contract carriage permit and Aadhar Card
in support of his version. 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. MH02CT
8333, seized by the Vakola police Station in C.R.No.488/2019 registered
u/sec. 379 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 same and
the indemnity bond with the final report.
Sd/
Metropolitan Magistrate,
Date: 07.12.2019 71st Court, Bandra, Mumbai.
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