Final Order 1

Order Details: Order Below EX 1
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CC No.752/N/2022
Ganesh Bhaskar Shinde V/s.
Santacruz PS
ORDER
1. The present application is filed for return of auto rickshaw
bearing No. MH03CT0860, seized by the Santacruz police Station in
C.R.No.1087/2022 registered u/sec.379 of IPC.
2. Investigating Officer did not objected 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 of applicant. 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 seized in the crime by
Santacurz Police Station in C. R. No. 1087/2022 registered
u/sec.379 of IPC be returned to the applicant on furnishing
indemnity bond of Rs.1,00,000/.
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: 05.12.2022 71st Court, Bandra, Mumbai.
vnh/
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