Final Order 1

Order Details: Copy of Order
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE,
17TH COURT, BORIVALI, MUMBAI
Notice No.305/N/2022
in C.R. No.232/2022
Vanrai Police Station
ORDER BELOW EXH. 1
Perused the application. The applicant namely viz. Azim
Mohd. Aslam Shaikh has prayed for release of property i.e. motorcycle
bearing No. MH01DF1323. Called say of I. O. and Ld. APP.
2. Applicant has stated that FIR No.232/2022 came to lodged
for the offence p/u/s 279, 336 of IPC r/w Sec. 184 of M. V. Act against his
brother Firoz Mohd. Aslam Shaikh. In said C. R., vehicle in question is
seized by the police and it is lying in police station. Hence, he is seeking its
custody.
3. Perused the say of I.O. and APP. The I.O. has given no
objection to hand over the vehicle to the applicant. Ld. APP has contended
that vehicle is important evidence at the time of trial. If it is returned to
the applicant, he may not produce the same as and when required before
the court, hence, he prayed to reject the application.
4. In support of this application, applicant has filed his affidavit
as well as affidavit of accused namely Firoz Mohd. Aslam Shaikh wherein
he has given no objection to hand over the vehicle to the applicant. The
applicant has produced on record copy of FIR, R. C. Book and adhar card.
Upon perusal of R. C. Book, it transpires that applicant is registered owner
of vehicle in question.
5. Heard both sides. No other claimant came forward to seek the
custody of the property in question except applicant. No purpose will be
served by unnecessarily depriving the applicant from custody of the
property. Further the vehicle will deteriorate if it is kept idle in police
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station. The custody required to be given to the applicant is temporary
custody. As the applicant is entitled for its custody, application deserves to
be allowed on following terms:
ORDER
a) The seized property i.e. motorcycle bearing No. MH01DF1323,
Chassis no. MB8DP11AGJ8963713, Engine no. AF211758238, worth of
Rs. 50,000/ be returned to the applicant namely Shri. Azim Mohd. Aslam
Shaikh, on execution of bond/supurtnama of Rs. 50,000/ (Rs. Fifty
thousand only) by the concerned police station. The applicant shall affix
his latest colour passport size photograph on the bond/supurtnama.
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
photographs from various angle.
(A.R. Malvade)
Metropolitan Magistrate,
17th Court, Borivali, Mumbai.
Dtd. 06.05.2022
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