Final Order 1

Order Details: copy of Order
Pdf Text: CNR No.MHMM160095292022
ORDER BELOW EXH.1 IN C.C. NO. 494/N/2022
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 motorcycle i.e. Honda Activator Motor
Scooter bearing registration No. MH20CC1389 to the applicant.
4) Heard the learned Advocate for the applicant & A.P.P.
5) The learned Advocate for the applicant submitted that,
the motorcycle i.e. Honda Activator Motor Scooter bearing
registration No. MH20CC1389 is seized by Police of the Police
Station, Nehru Nagar in Cri. No. 426/2022. He has further submitted
that if the said motorcycle is kept idle in the custody of the Police
Station, Nehru 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 the motorcycle i.e. Honda Activator Motor Scooter bearing
registration No. MH20CC1389 be handed over to him.
6) The investigating officer has no objection to handover the
seized motorcycle i.e. Honda Activator Motor Scooter bearing
registration No. MH20CC1389 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 motorcycle i.e. Honda
Activator Motor Scooter bearing registration No. MH20CC1389.
b) Verified copy ID proof of the applicant.
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9) On simple perusal of the documents on record, it appears
that, the applicant is not the registered owner of Honda Activator
Motor Scooter bearing registration No. MH20CC1389 . However,
his father is registered owner of the said vehicle. His father is no
more. His mother submitted no objection to hand over the said
vehicle to the applicant. In this view the applicant is entitled to claim
custody of said auto rickshaw. No purpose will be served in keeping
the seized Honda Activator Motor Scooter bearing registration No.
MH20CC1389 in the custody of the police station, Nehru Nagar.
The possibility of damage to the said auto rickshaw can not be ruled
out, if keep in the custody of the police station, Nehru Nagar. Hence,
it will certainly be damaged to it's non use. On contrary, if the said
scooter 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) In the light of aforesaid discussion, the applicant is
entitled to get interim custody of the motorcycle i.e.Honda Activator
Motor Scooter bearing registration No. MH20CC1389. Therefore, I
pass the following order.
: O R D E R :
1) Application is allowed.
2) The interim custody of Seized Property namely the
motorcycle i.e. Honda Activator Motor Scooter bearing
registration No. MH20CC1389 (Chassis No.
ME4JF213GBF203545 Engine No. JF21E9228009) be
handed over to the applicant, till the conclusion of the
trial subject to following conditions:
a) Applicant shall execute indemnity bond of Rs.
40,000/ on bond paper of requisite value.
b) Applicant to undertake that he shall not dispose off,
alienate, encumbrance, create third party rights or part
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ORDER BELOW EXH. 1 3 C.C.NO.494/N/2022
CNR No.MHMM160095292022
with possession of the said motorcycle without prior
permission of the Court.
c) Applicant shall not change the engine number, chassis
number, colour and body of the said motorcycle, till
disposal of this case.
d) Applicant shall produce the said motorcycle before the
Court, as and when required.
3) The I.O. of the present crime is hereby directed to draw
detailed Panchanama of the motorcycle i.e. Honda
Activator Motor Scooter bearing registration No. MH20
CC1389 , verify chassis number & engine number of the
said motorcycle and capture photograph of the said
motorcycle 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 : 12/10/2022
Place:Vikhroli
Sd/
(Sharad S. Pardeshi)
Metropolitan Magistrate,
34th Court, Vikhroli, Mumbai
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