Final Order 1

Order Details: Order Below EX 1
Pdf Text: CNR NO.MHMM18-011385-2024 C. C. No. 537/N/2024
Ram V/s. Santacruz P. Stn.
ORDER
1. This is an application filed for return of muddemal i.e. Bajaj
auto rickshaw bearing registration No.MH-02-EW-5258, seized in the
crime by Santacruz Police Station in C. R. No.1081/2024 registered
under section 303 (2) of The Bharatiya Nyaya Sanhita, 2023.
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 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. Bajaj auto rickshaw bearing
registration No.MH-02-EW-5258, seized in the crime by
Santacruz Police Station in C. R. No.1081/2024 registered
under section 303 (2) of The Bharatiya Nyaya Sanhita, 2023 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 alongwith the final report.
Mumbai
Date : 11/10/2024.
SRD
Sd/-
Metropolitan/Judicial Magistrate,
(First Class), 71st Court, Bandra, Mumbai.
-- 1 of 1 --