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. 721/N/2020
C.R. No. 631/2020 OF BANGUR NAGAR POLICE STATION
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The applicant has filed this application for interim custody
of motorcar Swift Dezire bearing registration No.GJ21AH3604 seized
in C.R.No. 631/2020 of Bangur Nagar police station.
2. Investigating officer and Ld. APP have not objected the
application.
3. I have perused the documents on record. It appears that the
applicant in support of his 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, the applicant has filed affidavit of the first
informant in aforesaid crime no. 631/2020. It appears that, the first
informant in said crime No.631/2020 has stated that, he has no
objection to return said motor car to his uncle i.e. the applicant. It also
appears that, the accused in aforesaid crime No.631/2020 has also filed
his affidavit that, he has no objection to return the said vehicle to the
applicant. Further, I.O. and Ld. APP have not taken any objection to
return the said vehicle to the applicant. Further, till today nobody other
than the applicant has claimed the said vehicle.
4. 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.
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: O R D E R :
1. The application is allowed.
2. The Investigating Officer in Crime No. C.R.No. 631/2020 of
Bangur Nagar Police Station is hereby directed to hand over interim
custody of the motorcar Swift Dezire bearing registration No.GJ21AH
3604 seized in the said crime to the applicant Mr. Vijaykumar
Oghadbhai Polara on his executing bond of Rs.4,00,000/(Rupees Four
Lakh only) and on submitting copy of valid insurance.
3. The Investigating Officer in Crime No. 631/2020 of Bangur Nagar
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 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. 631/2020 of Bangur Nagar
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 : 10122020 68th Court, Borivali, Mumbai.
*kck
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