Final Order 4

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: M Crl 228/2024
STATE Vs. MOHD. KHUSHI
PS Crime Branch-Central Delhi
FIR NO.44/24
U/S 20/29NDPS Act
04.05.2024
Present: Sh Alok Saxena, Ld. Chief Prosecutor for State.
Applicant / Mohd. Afsar, SPA of the actual owner
Mohd. Khushi with counsel Sh. Talib Chaudhary.
IO ASI Sanjeev Kumar in person.
IO has verified from the RTO and placed on record
the registered identity alongwith photograph of the owner of the
vehicle no. DL 1C AE 9525.
Arguments heard and application and report of I.O.
perused.
This order of mine shall dispose off both the
applications for release of the vehicle bearing no. DL 1C AE
9525. on superdari.
It is stated by Ld. Counsel for the applicant that
applicant is the SPA of registered owner of the aforesaid vehicle
and the aforesaid vehicle is no more required for investigation
purposes and therefore the same be released to the owner on
superdari. It is further stated by Ld. Counsel for the applicant
that owner undertakes not to dispose off the vehicle till the
pendency of the present case in any manner and also undertakes
to produce the same as and when directed by the court to do so. It
is also further stated by Ld. Counsel for the applicant that owner
undertakes that he would not change the form/ color of the
-- 1 of 3 --
2
aforesaid vehicle till the pendency of the present case in any
manner.
In the report filed by the IO to the present application,
it is submitted that Mohd. Khushi, is the registered owner of the
aforesaid vehicle as per the records of the transport authority and
the aforesaid vehicle is no more required for investigation
purposes and he has no objection if the aforesaid vehicle is
released to the registered owner on superdari.
Keeping in view the facts and circumstances, it is
hereby ordered that aforesaid vehicle bearing no. DL 1C AE
9525 be released on superdari to the registered owner only on
his furnishing superdginama in the sum of Rs. 4 Lacs/ to the
satisfaction of concerned SHO. Owner shall be bound by the
undertaking to produce the vehicle before the court as and when
directed to do so. Owner of vehicle shall also be bound by the
undertaking that he would not dispose off the vehicle till the
pendency of the present case in any manner and he would also
not change the form/ color of the aforesaid vehicle till the
pendency of the present case in any manner.
IO/ SHO is directed to take four photographs of the
aforesaid vehicle from different angles before releasing the same
from malkhana and place the same on file for record purposes.
SHO is directed to verify the ownership of vehicle as well as to
verify the identity of owner of the vehicle before releasing the
vehicle on superdari to registered owner.
-- 2 of 3 --
3
Both Application are disposed off accordingly as
with regard to release of said vehicle on superdari.
Copy of the order be given dasti to the owner of the
vehicle.
Copy of the order be also sent to the concerned
transport authority in which the vehicle is registered with the
direction that the ownership of the aforesaid vehicle shall not be
transferred till further orders from the court.
Copy of order be sent to the concerned SHO.
(Ekta Gauba Mann)
Special Judge (NDPS-01)
(Central) Tis Hazari Courts
Delhi/04.05.2024
-- 3 of 3 --