Final Order 1

Order Details: Order Below EX 1
Pdf Text: CNR NO.MHMM18-011031-2024 C. C. No. 516/N/2024
Sudarshan V/s. Vakola P. Stn.
ORDER
1. This is an application filed for return of muddemal i.e.
vehicle bearing registration No.MH-02-CT-7358, seized in the crime by
Vakola Police Station in C. R. No.590/2023 registered under section 379
of The Indian Penal Code.
2. I.O. did not objected to return the seized muddemal to the
applicant. Ld. A.P.P. objected to release the said muddemal, as it requires
for trial.
3. Admittedly, seized muddemal belongs to the applicant.
Applicant in support of his contention has produced xerox copies of
F.I.R., R. C. Book, Permit, Certificate of Fitness, Pollution Under Control
Certificate, Cylinder Test Certificate, Electronic Fair Meter Test
Certificate, Insurance, Vehicle Sale Agreement and his Aadhar Card.
Application is well supported by affidavit of applicant. Hence, custody
of the seized muddemal is not required for further investigation. In such
circumstances, no good purpose would serve keeping the said
muddemal further in custody. For the apprehension of Ld. A.P.P.
condition can be imposed. Applicant is entitled to receive the only
seized muddemal. In the result, following order is passed :-
ORDER
1. The application is allowed.
2. The custody of muddemal i.e. auto rickshaw bearing
registration No.MH-02-CT-7358, seized in the crime by Vakola
Police Station in C. R. No.590/2023 registered under section
379 of The Indian Penal Code be returned to the applicant on
furnishing indemnity bond of R.1,50,000/-.
3. The Investigating Officer is directed to draw panchmana of the
seized muddemal and produce the same with indemnity bond of
applicant in the final report.
Mumbai
Date : 22/10/2024.
SRD
Sd/-
Metropolitan/Judicial Magistrate,
(First Class), 71st Court, Bandra, Mumbai.
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