Final Order 1

Order Details: Order Below EX 1
Pdf Text: CNR NO.MHMM18-011932-2024 C. C. No. 566/N/2024
Mahendra V/s. Santacruz P. Stn.
ORDER
1. This is an application filed for return of muddemal i.e. auto
rickshaw bearing registration No.MH-02-DU-9612, seized in the crime
by Vakola Police Station in C. R. No.1075/2024 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, Permit, Insurance and his Aadhar Card, PAN Card,
Driving Licence. 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. i.e. auto rickshaw bearing
registration No.MH-02-DU-9612, seized in the crime by Vakola
Police Station in C. R. No.1075/2024 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 in the final report.
Mumbai
Date : 23/10/2024.
SRD
Sd/-
Metropolitan/Judicial Magistrate,
(First Class), 71st Court, Bandra, Mumbai.
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