Final Order 1

Order Details: Order Below EX 1
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE,
32ND COURT, BANDRA, MUMBAI.
Notice No. 878/N/2019.
C.R. No. 194/2019.
Kherwadi Police Station.
Ratnakar Harishchand Yande … Applicant
V/s.
Sr. Inspector of Police,
(Kherwadi Police Station) ...Respondent.
ORDER BELOW APPLICATION FOR RETURN OF PROPERTY
VIZ. AUTO RICKSHAW BEARING NO. MH03CN0172
By this application the applicant is seeking return of auto
rickshaw, bearing registration No. MH03CN0172 as quoted in the
application, being registered owner of the same. It is further submitted
that, the said auto rickshaw was seized by Kherwadi police station, in
pursuant of offence of theft. He is ready to produce the said property
whenever required till final disposal of case. The application is supported
by various documents such as copies of registration certificate, Driving
Licence affidavit of applicant, copy of FIR, vehicle particulars, Aadhar
card, driving licence, permit, insurance certificate, NOC cum Affidavit of
informant etc.
2. Accordingly, say of Investigation Officer and APP were
called. Investigating officer has given his no objection to release the said
auto rickshaw in favour of applicant. Whereas, APP has failed to file say.
3. Heard argument, perused the record.
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4. Considering the reasons mentioned in application supported
by documents, it is evident that, the aforementioned auto rickshaw may
be temporarily released in favor of the applicant, being rightful claimant.
Hence, upon imposing certain conditions the said auto rickshaw may be
released in favor of applicant. Hence, the following order :
ORDER
1 The seized auto rickshaw, bearing registration No. MH
03CN0172 be released in favor of applicant viz.
Ratnakar Harishchand Yande on his furnishing
indemnity bond of र. 1,50,000/.
2 He shall produce the said auto rickshaw as and when
required by the Court.
3 Investigation Officer shall obtain photographs of seized
vehicle from all angles for its proper identification in
future.
4 Copy to the concerned police station for compliance of
this order.
Date : 16.12.2019
ssl.
(Sudhir N. Shinde)
Metropolitan Magistrate, 32nd Court,
Bandra, Mumbai.
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