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.6800433/N/2021
C.R. No. 109/2021 OF AAREY POLICE STATION
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The applicant has filed this application for autorickshaw
bearing registration No. MH03CT3808 seized in Crime No.109/2021 of
Aarey police station.
2. Investigating officer has not objected the application.
3. Ld. APP has objected the application.
4. I have heard Ld. Advocate for the applicant and Ld. APP and
perused the documents on record. It appears that the applicant in support of
her contention has filed copy of registration certificate and other documents.
On perusal of the registration certificate it becomes clear 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 accused
mentioned in the aforesaid Crime No. 109/2021 has filed affidavitcumNOC
vide Exh.5. He has not taken any objection to return the said auto rickshaw
to the applicant. 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. No purpose
will be served by keeping the said vehicle in the police station for years
together. 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.109/2021 of Aarey Police Station
is hereby directed to hand over interim custody of the autorickshaw bearing
registration No.MH03CT3808 seized in the said crime to the applicant
Deepali Arun Shigwan on her executing bond of Rs.1,50,000/(Rupees One
Lakh Fifty Thousand only).
3. The Investigating Officer in Crime No. 109/2021 of Aarey Police
Station is also directed to prepare a detail Panchanama and take photographs
of the said vehicle from all dimensions and obtain signatures of the applicant
on the back side of each photograph, 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 Investigating Officer in Crime No. 109/2021 of Aarey 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 .
Sd/
(A. P. KHANORKAR)
Mumbai. Metropolitan Magistrate,
Date : 04102021 68th Court, Borivali, Mumbai.
*rsh
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