Final Order 1

Order Details: Copy of Order
Pdf Text: IN THE COURT OF JUDICIAL MAGISTRATE FIRST CLASS,
17TH COURT, BORIVALI, MUMBAI
Notice No.758/N/2026
C.R. No. 38/2022
Samtanagar Police Station
ORDER BELOW EXH. 1
Present application is filed by applicant namely viz. Harshad
Pratapbhai Prajapati, power of attorney holder of Pratapbhai Laljibhai
Prajapati for release of property i.e. Fortuner Car No. GJ-05-JQ-1920.
2. Applicant has stated that he is power of attorney holder of FIR
No. 38/2022 came to be registered for the offences p/u/s 342, 506,
364-A r/w 34 of IPC. During investigation, vehicle in question is seized
by the police and it is lying in police station. Hence, he is seeking its
custody.
3. Perused application as well as say of I.O. and APP. I.O. has given
no objection to hand over the vehicle to the applicant. Ld. APP has
contended that if property is returned to the applicant, he may not
produce the same as and when required for trial.
4. In support of this application, applicant has filed his affidavit. He
has produced on record copy of FIR, his Aadhaar card, Aadhaar card of
Pratapbhai, certificate of registration, power of attorney. Upon perusal
of documents, it transpires that applicant’s father is registered owner of
vehicle in question and he has given power of attorney to the applicant.
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) Seized property i.e. Fortuner Car No. GJ-05-JQ-1920 be returned
to the applicant namely Harshad Pratapbhai Prajapati power of attorney
holder of registered owner Pratapbhai Laljibhai Prajapati, on execution
of indemnity bond/supurtnama of Rs. 15,00,000/- (Rs. Fifteen lakhs
only) by the concerned police station. Applicant shall affix his latest
colour passport size photograph on the bond/supurtnama.
b) 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) 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. A. K. Shaikh)
Judicial Magistrate First Class,
17th Court, Borivali, Mumbai.
Date : 14.07.2026
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