Full Order Text
Final Order 1 · 11 Jan 2021 · CNR MHMM170092142020
Order Details: Copy of Order Pdf Text: ORDER BELOW EXH. 1 IN C.C. NO.927/N/2020 of Dindoshi Police Station Perused application, say of I.O. and APP. They have given no objection for handing over custody of seized property to the applicant. Heard advocate for the applicant. Application is supported by affidavit, copy of R.C.Book, Insurance paper and Adhar Card. Except applicant, no one have come forward to seek interim custody of the property till today. According to prosecution, police have seized Royal Enfield Motorcycle bearing No. MH47R2858 for the offence punishable under Section 379 of Indian Penal Code and informant lodged FIR. As applicant appears to be rightful claimant of property, seized in C.R.No.913/2020 registered u/s 379 of Indian Penal Code of Dindoshi Police Station. If the motorcycle is lying in police station, it would be caused damage. Hence, as per ratio laid down in the case of Sunderbhai V/s. State of Gujarat application deserves to be allowed. 3. Hence, applicant is entitled for the possession of the same. Therefore, I am inclined to allow the said application. Hence, I pass following order ORDER Interim custody of Royal Enfield Motorcycle bearing No. MH47R2858 seized in C.R.No.913/2020 registered u/s 379 of Indian Penal Code of Dindoshi Police Station shall be given to the applicant viz. Deepak Ashru Tombre on his executing supuratnama of Rs.1,00,000/ (Rs. One Lac Only), with condition that applicant shall produce the same as and when required by the court during the trial and shall not change, sell, transfer etc; till disposal of the case. -- 1 of 2 -- IO to obtain photograph of said vehicle before handing over to applicant. Inform police authority accordingly. (R. G. Bagade) Metropolitan Magistrate, Date :11.01.2021. 67th Court, Borivali, Mumbai. ask -- 2 of 2 --
