Final Order 1

Order Details: Copy of Order
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE
68TH COURT BORIVALI, MUMBAI
ORDER BELOW EXH1 IN C.C. NO. 240/N/2022
C.R. No. 1086/2021 OF KASTURBA MARG POLICE STATION
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The applicant has filed this application for return of TVS
Company's Jupiter Classic motor scooter bearing registration No.MH47AA
1448 seized by the Investigating Officer in C.R.No.1086/2021 of Kasturba
Marg police station.
2. Investigating officer has not objected the application.
3. The learned APP has objected the application.
4. I have heard learned Advocate for the applicant and learned APP
and perused the documents on record. It appears that the applicant in support
of his contention has filed copy of FIR, copy of vehicle particulars and copy of
his Adhar Card. On perusal of the copy of the vehicle particulars it appears
that the applicant is the registered owner of the said vehicle. Normally, the
vehicle should be returned to its registered owner. Further, Investigating
Officer has not taken any objection to return the said vehicle to the applicant.
Further, the applicant has filed affidavit of the first informant in aforesaid
crime no. 1086/2021. It appears that the first informant has not also taken
any objection. Further, till today nobody other than the applicant has claimed
the said vehicle. However, as referred to above Ld. APP has objected the
application. This being the position, I mention here that in the matter of the
Sunderbhai Ambalal Desai And C.M. ... Vs State Of Gujarat (AIR 2003 SC
638). The Hon'ble Supreme Court has observed as follows :
“In our view, whatever be the situation, it is of no use to keep such
seized vehicles at the police stations for a long period. It is for the
Magistrate to pass appropriate orders immediately by taking
appropriate bond and guarantee as well as security for return of
the said vehicles, if required at any point of time. This can be done
pending hearing of applications for return of such vehicles”.
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5. In the light of aforesaid discussion, it is just and proper to hand
over interim custody of the said vehicle to the applicant on some terms &
conditions vide Section 457 of the Code of Criminal Procedure. In the result, I
pass the following order.
: O R D E R :
1. The application is allowed.
2. The Investigating Officer in Crime No. 1086/2021 of Kasturba Marg
Police Station is hereby directed to hand over interim custody of the TVS
Company's Jupiter Classic motor scooter bearing registration No.MH47AA
1448 seized in the said crime to the applicant Bakul Jayantilal Chheda on his
executing bond of Rs.50,000/(Rupees Fifty Thousand only) and furnishing
copy of valid insurance.
3. The Investigating Officer in Crime No. 1086/2021 of Kasturba Marg
Police Station is also directed to prepare a detail Panchanama and take
photographs of the said vehicle from all dimensions and the photographs shall
be attested by the applicant, before handing over its custody to the applicant.
4. The applicant shall bear the expenses of photographs.
5. The applicant shall not sell or transfer in any manner the said vehicle
to any person or change its colour or nature and produce it before the Court,
as and when directed by this Court.
6. The applicant shall also file an undertaking in the Court that his vehicle
shall not be used in any crime.
7. The Investigating Officer in Crime No. 1086/2021 of Kasturba Marg
Police Station shall submit his compliance report as early as possible, to this
Court and send aforesaid Panchanama, photograph and bond along with
the Chargesheet/Final Report without fail .
(A. P. KHANORKAR)
Mumbai. Metropolitan Magistrate,
Date : 28042022 68th Court, Borivali, Mumbai.
*kck
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