Final Order 1

Order Details: Order Below EX 1
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ORDER IN CC NO. 907/N/2019
1. The present application is filed for return of Bajaj Auto
Rickshaw bearing No. MH02EF5826, seized by the Santacruz police
Station in C.R.No.159/2019 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 Shankar Acharya. It was stolen.
Shankar Acharya 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, certificate of
registration and Aadhar Card in support of his version. He has also
produced Noobjection from Shankar Acharya 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. MH02EF
5826, seized by the Santacruz police Station in C.R.No.159/2019
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.
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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 indemnity bond with the final report.
Metropolitan Magistrate,
Date: 06.01.2020 71st Court, Bandra, Mumbai.
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