Final Order 1

Order Details: Copy of Order
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE,
17TH COURT, BORIVALI, MUMBAI.
Notice No.275/N/2021
in C.R. No.197/2021
Kandivali P. Stn.
ORDER BELOW APPLICATION FOR RETURN OF PROPERTY
Perused the application. The applicant has prayed for release of
property i.e. auto rickshaw bearing no.MH47C2080 worth of
Rs.1,50,000/.
2. Applicant namely Mr. Rajesh Faujdar Yadav has lodged the FIR
in C.R. No.197/2021, u/s.379 of IPC and filed affidavit in support of his
application. The said vehicle was stolen and during investigation,
police have seized the same in above C.R. and it is lying at police
station. Therefore, he is seeking possession of said autorickshaw.
3. Perused the say of I.O. and APP. I. O. has given no objection to
release the property in favor of the applicant on terms and condition.
Ld. APP has contended that property may be handed over to its real
owner on verification of original documents.
4. Heard both parties at length. The applicant is the registered
owner of the said autorickshaw. Perused the FIR. Perused the
documents regarding ownership of the said auto rickshaw i.e.
photocopies of PUC, permit, complaint made to police station regarding
missing of auto rickshaw, R.C. Book as well as he has produced copy of
his Adhar Card on record.
5. No purpose will be served by keeping the property in the custody
of police. On the contrary the vehicle is the source to earn the income
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of the applicant. Further the vehicle will deteriorate if it is kept idle in
police station. Further the custody required to be given to the applicant
is temporary custody. As applicant is the original owner of the said
property, he is entitled for its custody. Hence, application deserves to
be allowed as follows on following terms:
ORDER
a) The seized property i.e. auto rickshaw bearing no. MH47C
2080, Engine No. 54346, Chassis No.33984 be returned to its owner
Mr. Rajesh Faujdar Yadav on execution of bond/supurtnama of Rs.
1,50,000/ by the concerned police station.
b) The applicant is directed to execute bond to the effect that, he
shall not transfer, alienate the said vehicle in favour of any third person
and also not to make any changes in engine capacity and other physical
appearance of the said vehicle and produce the same whenever directed
by this Court till conclusion of the trial.
c) The I.O. is directed to prepare necessary Panchanama of the said
vehicle at the time of handing over it to the applicant by drawing
necessary photographs of the same.
Sd/
(A.R. Malvade)
Metropolitan Magistrate,
17th Court, Borivali, Mumbai.
Dtd. 09.06.2021
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