Final Order 1

Order Details: Copy of Order - 1
Pdf Text: [ 1 of 4 ] C.C. NO.2105/MISC/2025
IN THE COURT OF THE JUDICIAL MAGISTRATE (F.C.),
46TH COURT, MAZGAON, MUMBAI
C.C. NO. 2105/MISC/2025
CNR NO.MHMM12-010274-2025
(C.R. NO.486/2025 OF PS. SEWREE)
Janakram Premnath Verma … Applicant
Vs.
The State of Maharashtra.
(Through – PS. Sewree) … Respondent
ORDER BELOW APPLICATION OF RETURN OF PROPERTY
The present application is filed under Section 503 of the BNSS for return
of vehicle-Motor Scooter-Suzuki Access 123 bearing No.MH-01-EH-6628
(Chassis No.MB8DP12DBP8F39287 and Engine No.AF2131117939) on
Indemnity Bond, which was seized in C.R. No.486/2025 of PS. Sewree. It is the
contention of the applicant that, the police of PS. Sewree had allegedly seized
said vehicle as the contraband articles had been transported through said
vehicle and now the said vehicle is lying in the custody of the police. He has
submitted that, he is registered owner of the vehicle. He is ready to abide by all
the terms and conditions imposed by the Court while releasing the custody of
the vehicle in his favour. Therefore, he has filed this application.
2. Perused the application, say of the I.O. and learned APP. The I.O. has No
Objection to hand over the custody of the vehicle to the applicant. Learned APP
have resisted the application on the grounds that, if the vehicle is return to the
applicant, he may use the said vehicle for transportation of contraband articles.
Therefore, she prayed for rejection of the application.
3. Perused the application supported with the affidavit of the applicant and
verified copies of the documents submitted by the applicant. Heard the learned
counsel for the applicant. It appears that, in view of the Notification issued by
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the FDA from time to time, the food products-
Gutkha, Scented Tobacco and Pan
Masala are banned for transporting, stocking or selling. The prohibited food
articles were found while transporting by the applicant, who contravened the
said Notification, therefore the offence is registered and consequently, he is
Food Business Operator (hereinafter referred to as ‘the FBO’). The Act defines
premises as per definition given in Section 3 (zi) of the FSS Act, 2006, which
includes vehicles, stall, hotel etc.
4. The object of the provision of the Code, appears to be that, the vehicle
which has been subject matter, has been seized, but ought not to be retained in
the custody of the Court or of the police, for any time longer than what is
absolutely necessary. It is also pertinent to note that, in the days of escalating
prices if the said vehicle is detained for months together, persons who is
entitled for its custody will suffer very much on the count of keeping of the said
vehicle in the police station, where the seized vehicle was kept in Malkhana or
open space and there will be every possibility of being damage. In other words
possibility of its irreparable loss to the person entitled for his custody, cannot be
ruled out. In such facts and circumstances, no purpose will be served by
keeping the said vehicle in the police station otherwise, there is every
possibility of due to its non use it will be junk. In this connection, the Hon’ble
Apex Court in
Sunderbhai Ambalal Desai Vs. State of Gujrat (2002) 10 SCC
283, has given the directions to decide the applications in respect of return of
property during pendency of trial.
5. Perused the documents filed on record. The applicant has filed on record
affidavit in support of the application, Verified Copy of his Aadhar Card,
Verified copy of Registration Certificate Card of the vehicle and copy of printed
FIR. Verified copy of R.C. Card of the vehicle produced on record by the
applicant shows he is the registered owner of the vehicle. Thus, it will not just
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and proper to detain the vehicle for grounds raised by learned APP. So also, the
stringent conditions can be imposed for objections raised by the learned APP
which will suffice the purpose.
6. It is pertinent to note that, the vehicle is seized in the above offence for
alleged transportation of prohibited food articles. Furthermore, the sufficient
time has also been given to investigating agency since seizure of the vehicle. If
the seized vehicle is not returned to the applicant, it may get damaged. It is
imperative to mention that, no person, except the applicant has claimed the
said vehicle. Hence, taking into consideration, the documents of the ownership
of the seized vehicle this Court is of the view that, the applicant is entitled for
the interim custody of the seized vehicle by imposing certain conditions on him.
Accordingly, it will be justifiable to deliver the interim custody of the seized
vehicle to the applicant on certain conditions. Hence, this Court proceeds to
pass the following order.
O R D E R
1. The application is allowed.
2. The interim custody of seized vehicle-Motor Scooter-Suzuki Access
123 bearing No.MH-01-EH-6628 (Chassis
No.MB8DP12DBP8F39287 and Engine No.AF2131117939) seized
in C.R. No.486/2025 of PS. Sewree be handed over to applicant
Janakram Premnath Verma, within 07 days from the date of this
order.
3. The applicant/FBO/registered owner-Janakram Premnath Verma is
directed to execute indemnity bond of ₹1,00,000/- (Rupees One
Lakh Only) before the concerned authority that to produce the
vehicle as and when required by the Court during the trial.
4. The applicant/FBO/registered owner shall not use and/or let the
vehicle for transporting contraband food articles and not to indulge
himself in similar kind of offence in the future.
5. The applicant/FBO/registered owner shall not alienate, transfer,
change, alter or sell the same in any other manner, in default, he be
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ready to deposit ₹5,00,000/- in the Court.
6. The Investigating Officer is directed to prepare detail panchnama of
the seized vehicle and to take photographs of the vehicle and
thereafter obtain the counter signature of the applicant thereon,
before releasing the above said vehicle and submit the compliance
report to this Court within 07 days from the date of return of
vehicle.
7. The PS. Sewree is also directed to file entire documents along with
charge-sheet.
8. The applicant is also directed to furnish his photograph and
identity proof.
( P. P. Deshmukh )
Judicial Magistrate (First Class),
Dated : 01.12.2025 46th Court, Mazgaon, Mumbai.
RRRT
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