Interim Order 25

Order Details: COPY OF ORDER
Pdf Text: SC No. 2/2020
State Vs. Kasim Ansari & Ors.
FIR No. 300/19
PS: Naraina
16.02.2022
Present: Sh. S.K. Kain, Additional PP for the State.
Sh. Wiqar Ahmad, Advocate for accused Mohd. Razi.
By virtue of filing the present application, applicant/accused
Mohd. Razi is seeking release of Motorcycle bearing No. DL5SCE
1103, make Hero Honda Splendor of Silver Colour on superdari.
During proceedings, it has been submitted by the learned
counsel for the applicant that the applicant was arrested on
07.09.20219 and during the investigation of the present case, the
motorcycle of the applicant/accused was seized by the police on the
same day and as of now, the same is lying in the Malkhana of PS
Naraina. It is further submitted that however the said motorcycle was
ordered to be released by the learned MM vide its order dated
28.09.2019.
It is further submitted that the applicant/accused undertakes
not to sell the said motorcycle; no third party interest shall be created
without the prior permission of the court and shall produce the same
before the court as and when required or directed to do so.
During arguments, reliance has also been placed by the
learned counsel on the judgment of Hon'ble High Court of Delhi in the
case of Manjit Singh Vs. State, Crl. MC No. 4485/13 dated
10.09.2014.
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The application has been opposed by learned Additional PP
that there is every possibility that the applicant may sell the said vehicle
on being its release on superdari during trial and shall also not produce
the same before the court.
To this, the learned counsel for the applicant submitted that
he undertakes and assures that the vehicle in question shall not be
disposed of nor any third party interest shall be created without the
prior permission of the court.
Heard.
Taking note of the facts and circumstances of the case as
also the undertaking given by the learned defence counsel read with
the observations so made in the judgment of Manjit Singh Vs. State
(supra) and the other case law cited above, the present application
accordingly stands disposed of as allowed and it is hereby directed that
the motorcycle bearing No. DL5SCE1103, make Hero Honda
Splendor of silver colour be released to the applicant/registered owner
on his furnishing a superdarinama in the sum of Rs. 50,000/ to the
satisfaction of IO/SHO concerned with further directions that applicant
shall not dispute the identity of the same during the course of
trial/recording of evidence; that he shall not dispose of the said vehicle
without the prior permission of the court and shall produce the same as
and when required or directed to do so.
IO is also directed to take photographs of the said vehicle
from all angles including the photographs of its engine and chassis
number prior to its release to the registered owner.
Copy of this order be also sent to the concerned transport
authority for information with directions not to register/transfer the said
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vehicle in the name of any other person without the prior permission of
the court.
Ordered accordingly.
Copy of the order be given toall the parties concerned.
In addition, dasti be also given as prayed.
(Anil Antil)
ASJ04/NDD/PHC/ND
16.02.2022
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