Final Order 1

Order Details: Order Below EX 1
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ORDER IN NOTICE NO.802/N/2019
1. The present application is filed for return of Bajaj Auto
Rickshaw bearing No. MH02EW8581, seized by the Santacruz police
Station in C.R.No.367/2019 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 he auto
rickshaw. The autorickshaw stolen from possession of Ranjendra
Prasad Kesarwani who lodged report regarding the theft. He produced
copy of FIR, RC, Certificate of fitness, contract carriage permit and
Aadhar Card in support of his version. He also produced Noobjection
from Ranjendra Prasad Kesarwani to handover the vehicle to him. 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. MH02
EW8581, seized by the Santacruz police Station in C.R.No.367/2019
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.
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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: 22.11.2019 71st Court, Bandra, Mumbai.
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