Final Order 1

Order Details: Copy of Order
Pdf Text: IN THE COURT OF THE METROPOLITAN MAGISTRATE,
67th COURT, BORIVALI, MUMBAI
C.C. NO.90/N/2024
Kurar Police Station
ORDER BELOW EXH.1
1. Perused application filed by the applicant Umesh Uttam Pal,
say of I.O. In response, Investigating Officer has filed his say and he
has strongly oppose to return the property. Heard advocate for the
applicant. Application is supported by affidavit, copy of FIR, Adhar
Card, online RC Book and permit etc. The applicant has also
submitted in his application that autorickshaw was hired by the
accused for the purpose of transporting passenger as per hire and
vehicle was seized from the accused by the Kurar police station.
Except applicant, no one have come forward to seek interim custody
of the property till today.
2. After perusal of documents, it appears that during
investigation police have seized autorickshaw bearing No. MH 04
HJ1405 from the accused by preparing seizure panchanama. After
perusal of document placed on record, it appears that applicant is the
rightful claimant of said autorickshaw which was seized in
C.R.No.808/2023 u/s.420 of IPC by Kurar Police Station. The
autorickshaw is lying in police station, it would be caused damage
and junked day by day. In such circumstances, interim custody of said
vehicle be handed over to the applicant by imposing stringent
condition then purpose will be sufficed. Hence, as per ratio laid down
in the case of Sunderbhai V/s. State of Gujarat application deserves
to be allowed.
3. Hence, applicant is entitled for the possession of the
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same. Therefore, I am inclined to allow the said application. Hence, I
pass following order
ORDER
Interim custody of autorickshaw bearing No. MH 04
HJ1405 which was seized in C.R.No.808/2023 u/s.420 of IPC by
Kurar Police Station shall be given to the applicant viz. Umesh
Uttam Pal by executing supuratnama of Rs.70,000/ (Rs. Seventy
Thousand only) with condition that applicant shall produce the same
as and when required by the court during the trial and shall not
change, sell, transfer etc; till disposal of the case. IO to obtain
photograph of said vehicle before handing over to applicant and
prepare detailed panchanama.
Inform police authority accordingly.
Sd/
(Abhay. D. Ghuge)
Metropolitan Magistrate,
Date : 26.02.2024 67th Court, Borivali, Mumbai.
ask
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