Final Order 1

Order Details: Order below Ex-1
Pdf Text: CNR NO.MHMM13-022113-2026 1 Case No. 901/Misc./2026
ORDER BELOW EXH. 1
1) This is an application filed under section 503 of the Bhartiya
Nyaya Sanhita, 2023.
2) The contentions in the application are that the applicant
owned Bajaj Auto Pulsar 220 DTS-1F motorcycle bearing registration
no. MH03ET8833 (here-in-after referred to as the 'said vehicle'). The
said vehicle is seized by Mankhurd Police Station in C.R.No.173/2026.
The applicant requires the said vehicle for his work. The said vehicle is
kept in the open premises of police station and damage the spare parts
of said vehicle. Therefore, he prayed that it may be released upon
conditions.
3) Say is called from the Ld. A.P.P. and I.O.
4) Investigation officer has filed his say and not objected to
return the vehicle to applicant. Ld. A.P.P. filed his say and submitted that,
the seized vehicle be returned to the applicant on proper terms and
conditions.
5) Heard Ld. advocate for the applicant and Ld. A.P.P. for the
state.
6) As per Section 503 of the Bhartiya Nyaya Sanhita, 2023
whenever the seizure of any property by any authority is reported to the
Magistrate, the Magistrate shall make an inquiry about the same and
may make such order as it deems fit respectively the disposal of the
property to the person entitled for the same. Further it is contended that
if the person entitled for its possession is known the property may be
handed over to him or necessary order may be passed regarding its
possession.
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7) The Hon’ble Supreme Court has held in Sundarbhai Desai
V/s. State of Gujarath A.I.R. 2003, Supreme Court 638 that : -
1. Owner of the article would not suffer because of its remaining
unused or by its misappropriation.
2. Court or the police would not be required to keep the article in
safe custody.
3. If the proper panchnama before handing over possession of article
is prepared, that can be used in evidence instead of its production
before the Court during the trial. If necessary, evidence could also
be recorded describing the nature of the property in detail.
4. This jurisdiction of the Court to record evidence should be
exercised promptly so that there may not be further chance of
tampering with the articles.
8) Firstly, the applicant has filed on record copy of FIR, copy of
registration certificate and copy of aadhaar card. On both documents
name of the applicant is appear. Therefore, it is clear that the applicant
is owner of the said vehicle. Secondly, investigation machinery need not
be burdened with a task to preserve or safeguard the said vehicle in
their premises by taking due care of it. Thirdly, it is also necessary to
consider here the environmental condition and atmosphere. The
electronic parts of the said vehicle may likely to be damaged due to
atmosphere and there is likelihood that the said vehicle may be
damaged due to rust. The applicant has proved his ownership of the
said vehicle hence, he is entitled to get the said vehicle. Therefore, I
pass the following order :-
ORDER
1) The seized vehicle bearing registration no. MH03ET8833 be handed
over to applicant on the following terms and conditions :-
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(A) He shall produce the said vehicle when required during
inquiry or trial of the matter which is outcome of
C.R.No.173/2026 of Mankhurd Police Station.
(B) He shall not cause material alterations in the said vehicle
anyhow without the permission of this Court.
(C) He shall submit the latest photograph of the said vehicle
taken from the front and rear angle clearly disclosing its
number plate.
(D) He shall submit the photograph of engine number and
chassis number of the said vehicle.
(E) The investigation officer shall prepared panchnama before
giving the property to the applicant and submit the same
alongwith charge-sheet in the case of CR. No. 173/2026.
2) The applicant shall secure his presence in the court for hearing,
failing which necessary action will be taken against the vehicle
given in his custody.
3) He shall furnish an indemnity bond of Rs.1,50,000/- (Rs. One Lakh
Fifty Thousand only) before investigating officer.
4) The concerned authority be informed to allow the applicant to snap
photographs of the vehicle.
5) The order in this application along with the application be kept in
the file which is an outcome of C.R. No.173/2026 of Mankhurd
Police Station.
(Dictated and pronounced in open Court)
(D.S.Sharma)
Date: - 01/06/2026 Judicial Magistrate(First Class)
Court No. 52 Kurla, Mumbai.
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