Final Order 1

Order Details: Order
Pdf Text: IN THE COURT OF JUDICIAL MAGISTRATE (FIRST CLASS)
30TH KURLA, MUMBAI
ORDER BLEOW EXH.01 IN MISC. CASE NO. 1730/2026
1. This is an application filed by applicant Arjun Lal
Bhanwar Lal Jain for getting the interim custody of Motor cab-taxi
bearing registration no. MH-01-BT-2994 , which is seized in crime
no. 226/2026 registered in Matunga police station for the offence
punishable under Section 318 (4) r/w. 3 (5) of Bharatiya Nyaya
Sanhita, 2023.
2. The applicant submitted that the owner of car
Mr.Ganpatlal Chaganlal Jain has given the car on rent to him. He
has not committed any offence. However, the car has been seized at
his instance and therefore, he prayed for its custody. He has filed
copy of R.C of seized motor cab-taxi and affidavit/no-objection
certificate of owner of Mr.Ganpatlal Chaganlal Jain. He is ready to
abide by all the conditions which may be imposed by this Court.
Hence, prayed that interim custody of seized motor cab-taxi be
given to him.
3. I.O. filed his say and raised the objection for giving the
interim custody of seized motor cab-taxi to the applicant. The
learned A.P.P also filed his say. I have gone through the record.
From the documents filed on record, Ganpatlal Chaganlal Jain
appears to be owner of vehicle. He has given no objection by
executing affidavit before notarary dated 24/08/2026. He has been
verified about its truthfulness through police officer of Court by
making phone call. The claim of the applicant is also supported by
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the contents of F.I.R. lodged. The applicant is ready to abide by all
the conditions which may be imposed by this Court. Considering the
nature of the offence, no purpose would be served by keeping the
seized motor cab-taxi in police station. Therefore, it would be proper
to handover the interim custody of the seized motor cab-taxi to the
applicant by imposing necessary conditions. Hence, the order.
O R D E R
1. The application is allowed.
2. Interim custody of seized Motor cab-taxi bearing
registration no. MH-01-BT-2994 be handed-over to the applicant on
execution of Supurtnama Bond of Rs.1,30,000/- (Rs.One Lakh
Thirty Thousand only), subject to the condition that the owner shall
not transfer the motor cab-taxi in any manner, he shall not change
the nature of Motor cab-taxi and he shall produce the motor cab-taxi
as and when directed by the Court, till disposal of the case.
3. I. O. is directed to prepare detail panchnama of seized
motor cab-taxi and obtain the photograph of the seized motor cab-
taxi before handing over the same to the applicant and submit the
same with the charge-sheet.
4. Inform to Matunga police station accordingly.
Dated : 19.09.2026
(V.S.Khandbahale )
Judicial Magistrate (First Class)
30th Court, Kurla, Mumbai.
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