Final Order 1

Order Details: Order Below EX 1
Pdf Text: CNR NO.MHMM18-012922-2024 C. C. No. 627/N/2024
Prabhu V/s. Santacruz P. Stn.
ORDER
1. The present application for return of seized vehicle i.e.
auto rickshaw having registration No.MH-02-FB-9213, seized by the
B.K.C. police station in connection with C. R. No.988/2023, registered
U/Sec. 379 of The Indian Penal Code.
2. I.O. did not object to return the seized muddemal to the
applicant. Ld. A.P.P. objected to release the vehicle, as it requires for
trial.
3. Admittedly, seized vehicle belongs to the applicant.
Applicant in support of his contention has produced xerox copies of
F.I.R., R.C. Book & Permit in the name of Dharmendrakumar Dev, his,
Aadhar Card, PAN Card, Driving Licence. Application is well supported
by affidavit of applicant and NOC of Dharmendrakumar Dev, who is
owner of auto rickshaw. Custody of the vehicle is not required for
further investigation. In such circumstances, no good purpose would
serve keeping the said vehicle further in custody. For the apprehension
of IO and Ld. A.P.P. condition can be imposed. Applicant is entitled to
receive the seized vehicle. In the result, following order is passed :-
ORDER
1 The custody of seized vehicle i.e. auto rickshaw
having registration No.MH-02-FB-9213, seized by the
B.K.C. police station in connection with C. R.
No.988/2023, registered U/Sec. 379 of The Indian
Penal Code be handed over to the applicant on
execution of indemnity bond of R.1,50,000/-.
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2 The applicant is directed not to sell, transfer, alter,
dispose or hand over the seized vehicle to third
person without prior permission of Court and shall
produce the same before the Court, whenever
required for trial.
3 The Investigating Officer is directed to take the
photographs of the seized vehicle from all sides, at
the cost of the applicant and produce the same with
indemnity bond of applicant along with final report.
Mumbai.
Date : 03/12/2024.
SRD.
Sd/-
Metropolitan/Judicial Magistrate,
(First Class), 71st Court, Bandra, Mumbai.
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