Final Order 1

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 --