Final Order 1

Order Details: Order Below EX 1
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CC No.678/N/2022
Naseem Shaikh V/s.
Vakola PS
ORDER
1. The present application is filed for return of auto rickshaw
bearing No. MH02EQ7680, seized by the Vakola police Station in
C.R.No.708/2021 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, Contract
Carriage Permit. 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. MH02EQ7680,
seized by the Vakola police Station in C.R.No.708/2021
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: 15.11.2022 71st Court, Bandra, Mumbai.
aan/
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