Final Order 1

Order Details: copy of Order
Pdf Text: CNR No.MHMM160031862021
ORDER BELOW EXH.1 IN C.C. NO. 164/N/2021
1) This application is filed under section 457 of the Cr.P.C.
2) Perused the application and documents filed along with
it. The application is supported by the affidavit of applicant.
3) Also perused the report/say filed by the investigating
officer at Exh.5 and Ld. A.P.P. has filed his say below Exh. 1 and
objected to handover the autorickshaw bearing registration No MH
03/BY 1086 to the applicant.
4) Heard the learned Advocate for the applicant & A.P.P.
5) The learned Advocate for the applicant submitted that,
the autorickshaw bearing registration No MH 03/BY 1086 is seized
by Police of the Police Station, Tilak Nagar in Cri. No.17/2019. He
has further submitted that if the said autorickshaw is kept idle in the
custody of the Police Station, Tilak Nagar, there is possibility of
damage due to rust and applicant will suffer loss. The applicant is
ready and willing to abide the conditions imposed by the Court. The
applicant prayed that the seized autorickshaw bearing registration No
MH 03/BY 1086 be handed over to him.
6) The investigating officer has no objection to handover the
seized autorickshaw bearing registration No MH 03/BY 1086 to the
applicant.
7) The learned APP has filed his say below Exh. 1 and
strongly objected this application and prayed for rejection of this
application.
8) The applicant has filed following documents :
a) Verified Copy of R. C. Book of the autorickshaw bearing
registration No MH 03/BY 1086 and Insurance Paper
b) Verified copy ID proof of the applicant.
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CNR No.MHMM160031862021
9) On simple perusal of the documents on record, it appears
that, the applicant is the registered owner of the autorickshaw
bearing registration No MH 03/BY 1086. No purpose will be served
in keeping the seized autorickshaw bearing registration No MH
03/BY 1086 in the custody of the police station, Tilaknagar. The
possibility of damage to the said autorickshaw can not be ruled out, if
keep in the custody of the police station, Tilaknagar. Hence, it will
certainly be damaged to it's non use. On contrary, if the said
autorickshaw is handed over to the interim custody of the applicant
on certain conditions, no injustice will be caused to the investigation
and trial of alleged offence would not be concluded in near future
10) Being the registered owner of the autorickshaw bearing
registration No MH 03/BY 1086, the applicant is entitled to get
interim custody of the autorickshaw bearing registration No MH
03/BY 1086. Therefore, I pass the following order.
: O R D E R :
1) Application is allowed.
2) Property namely autorickshaw bearing registration No MH
03/BY 1086 (Chassis No. MD2A27AZ75FWB42092 &
Engine No. AZZWFB47961) be handed over to the interim
custody of the applicant, till the conclusion of the trial
subject to following conditions:
a) Applicant shall execute indemnity bond of Rs.
1,00,000/ on bond paper of requisite value.
b) Applicant to undertake that he shall not dispose off,
alienate, encumbrance, create third party rights or
part with possession of the said autorickshaw without
prior permission of the Court.
c) Applicant shall not change the engine number, chassis
number, colour and body of the said autorickshaw, till
disposal of this case.
d) Applicant shall produce the said autorickshaw before
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CNR No.MHMM160031862021
the Court, as and when required.
3) The I.O. of the present crime is hereby directed to draw
detailed Panchanama of the autorickshaw bearing
registration No MH 03/BY 1086, verify chassis number &
engine number of the said autorickshaw and capture
photograph of the said autorickshaw before handing it to
the applicant.
4) The applicant is hereby directed to produce his photo
identity and residence proof along with original
documents.
Date :20/04/2021
Place:Vikhroli
Sd/
(Sharad S. Pardeshi)
Metropolitan Magistrate,
34th Court, Vikhroli, Mumbai
Pgs/
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