Final Order 1

Order Details: Order Below EX 1
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ORDER IN NOTICE NO.851/N/2019
1. The present application is filed for return of Bajaj Auto Rickshaw
bearing No. MH47D3912, seized by the Vakola police Station in
C.R.No.544/2019 registered u/sec. 379 of IPC.
2. The PSO of Vakola Police Station has given noobjection to
return the vehicle to the applicant. However, it is submitted that the accused
used said autorickshaw in commission of crime and hence strict conditions
may be imposed on him.
3. The applicant submitted that he is the owner of the auto
rickshaw. The applicant produced copy of FIR, RC, Insurance policy, contract
carriage permit and Aadhar Card in support of his version. Though the
vehicle was used in commission of offence, it will not be proper to keep it
stationary. 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. Thus,
in view of directions in Sunderbhai Desai V/s. State of Gujarat SLP no.
(CRI) 2745/2002, 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. MH47D3912,
seized by the Vakola police Station in C.R.No.544/2019 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
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the indemnity bond with the final report.
5. The applicant should not use or allow to be used said vehicle in
the commission of any criminal activity.
Sd/
Metropolitan Magistrate,
Date: 07.12.2019 71st Court, Bandra, Mumbai.
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