Final Order 1

Order Details: Order
Pdf Text: –1– MISC. APPL. NO. 943 OF 2026
IN THE COURT OF ADDL. CHIEF JUDICIAL MAGISTRATE,
37TH COURT, ESPLANADE, MUMBAI
MISC. APPL. NO. 943 OF 2026
C.C. NO. 1189/PW/2025
ORDER
1. The applicant has filed application for return of his Tempo
bearing No. MH-47-Y-8345.
2. It is the contention of the applicant that during the
investigation of the crime, the investigating agency has seized the
aforesaid vehicle. He is owner of the said vehicle and he is in need of
aforesaid vehicle he will produce the said vehicle as and when required
by the Court. Hence, he prays to allow the application.
3. The learned APP by filing his say resisted the application on
the ground that the aforesaid vehicle has been used in commission of
the offence. It is material piece of evidence. If the aforesaid vehicle is
returned to the applicant, the possibility of sale, transfer, modification
cannot be ruled out. Hence, the prosecution prays to reject the
application.
4. The I.O. has given his no objection to returned the
aforesaid vehicle to the informant.
5. Perused the record. It appears that the aforesaid has been
seized from the accused during the investigation of the crime. The
applicant has filed copy of R.C. book, Vehicle Fitness Certificate,
Insurance Policy and license which show that the applicant is the owner
of aforesaid vehicle. The I.O. has given no objection to return the
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–2– MISC. APPL. NO. 943 OF 2026
aforesaid vehicle to the applicant. The applicant is ready to produce the
vehicle as and when required. The charge-sheet has been filed. Hence,
no purpose will be served by keeping the aforesaid vehicle standing idle
at the police station. It will diminish its utility and cost. So considering
the facts and circumstances I pass the following order :
ORDER
1. Investigating Officer is directed to handover Tempo bearing No.
MH-47-Y-8345 to the applicant on executing his supratnama bond
of Rs.2,00,000/- (Rupees Two lakh only).
2. The applicant is directed to produce the above said vehicle as
and when directed by the Court.
3. The applicant is directed to not to change the nature of above
said vehicle or to sell the same till the conclusion of this trial.
4. The photographs of above said vehicle be taken at the cost of
applicant in such a manner that the above said vehicle could be
identified from the photographs itself and prepare the detail
panchanama accordingly.
5. Copy of panchanama and one set of photographs be produced in
the Court after release of above said vehicle.
6. The record be kept with original case.
Date : 16.04.2026 Addl. Chief Judicial Magistrate,
37th Court, Esplanade, Mumbai.
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