Final Order 1

Order Details: Copy of Order
Pdf Text: ORDER BELOW EXH. 1 IN C.C. NO.791/N/2022
of Goregaon Police Station
Perused application. Say called from I.O and APP. In
response, I.O. filed their say and given no objection but Ld. APP
objected it. Heard advocate for the applicant. Application is
supported by R.C. Book, Insurance paper, Adhar Card, certificate of
fitness and copy of permit. Except applicant, no one have come
forward to seek interim custody of the property till today.
2. According to prosecution, police have seized
Autorickshaw bearing No. MH02DK2878 during the course of
investigation. On perusal of document placed on record, it appears
that applicant is the rightful claimant of said autorickshaw which was
seized in C.R.No.608/2022 registered u/s. 379 of IPC of Goregaon
Police Station. If the autorickshaw is lying in police station, it would
be caused damage and junked day by day. In such circumstances,
interim custody of said vehicle be handed over to the applicant by
imposing stringent condition then purpose will be sufficed. 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 Autorickshaw bearing No. MH02
DK2878 seized in C.R.NO.608/2022 of Goregaon Police Station
shall be given to the applicant viz. Piyush Vijay Ashar 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;
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till disposal of the case. IO to obtain photograph of said vehicle
before handing over to applicant.
Inform police authority accordingly.
sd/
(R. G. Bagade)
Metropolitan Magistrate,
Date 29.08.2022 67th Court, Borivali, Mumbai.
ask
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