Final Order 1

Order Details: Order Below EX 1
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C.C. No.783/N/2022
Ramchandra Janki Thakur V/s. Santacruz PS
ORDER
1. This is an application filed for return of Auto Rickshaw
bearing No. MH02EW4229, seized in the crime by Santacruz Police
Station in C. R. No.1077/2022 registered u/sec. 379 of IPC.
2. Investigating Officer did not objected to return the seized
vehicle to the applicant. However, APP 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 R.C.Book and Driving Licence.
Application is well supported by affidavit of applicant. There is no rival
claim by any person in respect of the seized vehicle. 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 APP condition can be imposed. Applicant is entitled to
receive the seized vehicle. In the result, following order is passed :
ORDER
1. The custody of Auto Rickshaw bearing No. MH02EW 4229
seized in the crime by Santacruz Police Station in C. R. No.
1077/2022 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 vehicle to any person without prior
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C.C. No.783/N/2022
Ramchandra Janki Thakur V/s. Santacruz PS
permission of Court and to produce the same as and when
required for trial.
3. The Investigating Officer is directed to produce indemnity
bond of the applicant along with the final report.
Sd/
Place : Mumbai. Metropolitan Magistrate,
Date :22/12/2022. 71st Court, Bandra, Mumbai.
SRD.
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