Final Order 1

Order Details: Order Below EX 1
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ORDER IN CC NO. 903/N/2019
1. The present application is filed for return of Bajaj Auto
Rickshaw bearing No. MH02EQ0508, seized by the Santacruz police
Station in C.R.No.447/2019 registered u/sec. 379 of IPC.
2. The Investigating Officer filed his say and given no
objection to return the seized vehicle to the applicant.
3. The applicant claims that he is the owner of the said
vehicle. It was in possession of his relative Suresh Kumar Patel. It was
stolen. Suresh Kumar Patel lodged report regarding theft. The
applicant is claiming the custody of the vehicle stating that he is the
owner of the vehicle. The applicant produced on record copy of FIR,
Insurance policy, contract carraige permit, certificate of fitness, driving
licence, certificate of registration and Aadhar Card in support of his
version. He has also produced Noobjection from Suresh Kumar Patel to
handover the vehicle to the applicant. No one else except the applicant
has claimed the custody of the vehicle. The vehicle may get damaged if
remained in idle condition for longer period. It will be proper to release
the vehicle in favour of the applicant by imposing conditions. As such
following order is passed:
ORDER
1. The custody of Bajaj Auto Rickshaw bearing No. MH02
EQ0508, seized by the Santacruz police Station in C.R.No.447/2019
registered u/sec. 379 of IPC be handed over to the applicant subject to
following conditions.
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
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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 with the final report.
Metropolitan Magistrate,
Date: 02.01.2020 71st Court, Bandra, Mumbai.
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