Final Order 1

Order Details: Copy of Order
Pdf Text: ORDER BELOW EXH. 1 IN C.C. NO.316/N/2020
of Goregaon Police Station
Perused application, say of the police and APP. They give
objection for handing over custody of seized property to the
applicant. Heard advocate for the applicant. Application is supported
by affidavit, copy of F.I.R., copy of R.C.Book, insurance paper and
Adhar Card. Except applicant, no one have come forward to seek
interim custody of the property till today.
According to prosecution, informant lodged report at
police station Goregaon stating that Ashok Leyland Tempo bearing
No. MH47E2664 was seized as per order of Commissioner of
Police. On the basis of report lodged by the informant, a Crime
bearing No. 188/2020 for the offence punishable under Section 188,
269 of I.P.C. came to be registered against accused. As such,
applicant appears to be rightful claimant of property, seized in C.R.
No.188/2020 registered u/s. 188, 269 r/w. 34 of Goregaon Police
Station. Hence, ratio laid down in the case of Sunderbhai V/s. State
of Gujarat application deserves to be allowed.
Hence, applicant is entitled for the possession of the
same. Therefore, I am inclined to allow the said application. Hence, I
pass following order
ORDER
Interim custody of Ashok Leyland Tempo bearing No.
MH47E2664 seized in C.R. No.188/2020 of Goregaon Police
Station shall be given to the applicant viz. Shivlal Jaggulal Kewat on
his executing supuratnama of Rs.5,00,000/ (Rs. Five Lacs 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.
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Inform police authority accordingly.
(R. G. Bagade)
Metropolitan Magistrate,
Date :09.06.2020. 67th Court, Borivali, Mumbai.
ask
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