Final Order 1

Order Details: Order Below EX 1
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CC No.672/N/2022
Mahendra C. Gupta V/s.
Santacruz PS
ORDER
1. The present application is filed for return of auto rickshaw
bearing No. MH02EF2273, seized by the Santacruz police Station in
C.R.No.1074/2022 registered u/sec.379 of IPC.
2. Investigating Officer did not object to return the seized
auto rickshaw to the applicant. However, APP objected to release the
auto rickshaw as it requires for trial.
3. Admittedly, seized auto rickshaw belongs to the applicant.
Applicant in support of his contention has produced R.C.Book.
Application is well supported by affidavit. There is no rival claim by
any person in respect of the seized auto rickshaw. Custody of the auto
rickshaw is not required for further investigation. In such circumstances,
no good purpose would serve keeping the said auto rickshaw further in
custody. For the apprehension of APP condition can be imposed.
Applicant is entitled to receive the seized auto rickshaw. In the result,
following order is passed :
ORDER
1. The custody of auto rickshaw bearing No. MH02EF2273
seized in the crime by Santacurz Police Station in C. R.
No.1074/2022 registered u/sec.379 of IPC be returned to
the applicant on furnishing indemnity bond of Rs.50,000/.
2. Applicant shall not to transfer, alter, alienate in any
manner seized auto rickshaw to any person without prior
permission of Court and to produce the same as and when
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required for trial.
3. The Investigating Officer is directed to produce indemnity
bond of the applicant along with the final report.
Sd/
Metropolitan Magistrate,
Date: 17.10.2022 71st Court, Bandra, Mumbai.
aan/
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