Final Order 1

Order Details: Order Below EX 1
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE,
32ND COURT, BANDRA, MUMBAI.
Notice No. 902/N/2019.
C.R. No. 417/2019.
Nirmal Nagar Police Station.
Salman Ramzan Shaikh … Applicant
V/s.
Sr. Inspector of Police,
(Nirmal Nagar Police Station) ...Respondent.
ORDER BELOW APPLICATION FOR RETURN OF PROPERTY
VIZ. AUTO RICKSHAW
By this application the applicant is seeking return of auto
rickshaw, bearing registration No. MH02FB3389, Engine No.70090,
Chasis No.28590, as quoted in the application, being registered owner of
the same. It is further submitted that, the said auto rickshaw was seized
by Nirmal Nagar 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, affidavit of applicant, copy of FIR,
permit and Aadhar card.
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
02FB3389, Engine No.70090, Chasis No.28590 be
released in favor of applicant viz. Salman Ramzan
Shaikh on his furnishing indemnity bond of र.
1,20,000/.
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 : 30.12.2019
ssl.
(Sudhir N. Shinde)
Metropolitan Magistrate, 32nd Court,
Bandra, Mumbai.
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