Final Order 1

Order Details: Copy of Order
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE,
17TH COURT, BORIVALI, MUMBAI
Notice No.760/N/2022
C.R. No.649/2022
Kandivali Police Station
ORDER BELOW EXH. 1
Perused the application. The applicant namely viz. Ramesh
Sohan Joshi has prayed for release of property i.e. motorcycle bearing No.
MH48BK9224. Called say of I. O. and Ld. APP.
2. Applicant has stated that FIR No.649/2022 came to be lodged
for the commission of offences p/u/s 279, 336 of IPC r/w Sec. 181, 184 of
M. V. Act. 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 if property is returned to the applicant, he may not produce it at the
time of trial.
4. In support of this application, applicant has filed his affidavit.
He has produced on record copy of FIR, adhar card, PAN card and R. C.
Book. 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
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:
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ORDER
a) The seized property i.e. motorcycle bearing No. MH48BK9224
Chassis no. MBLHAR074JHH79197, Engine no. HA10AGJHHE5239,
worth of Rs. 60,000/, be returned to the applicant namely Ramesh Sohan
Joshi on execution of bond/supurtnama of Rs. 60,000/ (Rs. Sixty
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.P. Kokate)
Metropolitan Magistrate,
17th Court, Borivali, Mumbai.
Dtd. 27.06.2022
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