Final Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No. 501/N/2023
Rajkumar V/s. Santacruz P. Stn.
ORDER
1. The present application is filed for return of seized vehicle
i.e. Bajaj Auto Rickshaw having registration No.MH-02-FB-7607, seized
by the Santacruz police station in connection with C. R. No.811/2023,
registered U/Sec. 379 of I.P.C.
2. I.O. did not object to return the seized vehicle 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., his Aadhar Card, R. C. Book, Permit in respect of contract carriage
permit. Application is well supported by affidavit of applicant and
Sanjaykumar Rajkumar Gupta, driver of said auto rickshaw. 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-02-FB-7607, seized by the
Santacruz police station in connection with C. R.
No.811/2023, registered U/Sec. 379 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, at the cost of the
applicant and produce the same with indemnity bond
of applicant along with final report.
Mumbai
Date : 02/01/2024.
SRD
Sd/-
Metropolitan Magistrate,
71st Court, Bandra, Mumbai.
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