Final Order 1

Order Details: Copy of Order
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE
68TH COURT BORIVALI, MUMBAI
ORDER BELOW EXH1 IN C.C. NO. 876/N/2021
C.R. No. 773/2021 OF M.H.B. COLONY POLICE STATION
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The applicant has filed this application for return of four
wheeler bearing registration No.MH47AS3271 seized in C. R. No.
773/2021 of M.H.B. Colony police station.
2. Investigating officer has not objected the application.
3. Ld. APP has objected the application.
4. I have heard Ld. Advocate for the applicant and Ld. APP and
perused the documents on record. It appears that the applicant in support of
his contention has filed copy of vehicle particulars and other documents. On
perusal of the vehicle particulars it appears that the applicant is the registered
owner of the said vehicle. Normally, the vehicle should be returned to its
registered owner. Further, I.O. has not taken any objection to return the said
vehicle to the applicant. Further, till today nobody other than the applicant
has claimed the said vehicle. However, as referred to above Ld. APP has
objected the application. This being the position, I mention here that in the
matter of the Sunderbhai Ambalal Desai And C.M. ... Vs State Of Gujarat
(AIR 2003 SC 638). The Hon'ble Supreme Court has observed as follows :
“In our view, whatever be the situation, it is of no use to
keep such seized vehicles at the police stations for a long period. It
is for the Magistrate to pass appropriate orders immediately by
taking appropriate bond and guarantee as well as security for
return of the said vehicles, if required at any point of time. This
can be done pending hearing of applications for return of such
vehicles”.
5. In the light of aforesaid discussion, it is just and proper to hand
over interim custody of the said vehicle to the applicant on some terms &
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conditions vide Section 457 of the Code of Criminal Procedure. In the result, I
pass the following order.
: O R D E R :
1. The application is allowed.
2. The Investigating Officer in Crime No.773/2021 of M.H.B. Colony
Police Station is hereby directed to hand over interim custody of the four
wheeler bearing registration No.MH47AS3271 seized in the said crime
to the applicant Mr. Mohd Motin Ahmad on his executing bond of
Rs.7,00,000/(Rupees Seven Lacs only) with one or more sureties in the like
amount and on his submitting copy of valid insurance.
3. The Investigating Officer in Crime No. 773/2021 of M.H.B. Colony
Police Station is also directed to prepare a detail Panchanama and take
photographs of the said vehicle from all dimensions and obtain signatures of
the applicant on the back side of each photograph, before handing over its
custody to the applicant.
4. The applicant shall bear the expenses of photographs.
5. The applicant shall not sell or transfer in any manner the said vehicle
to any person or change its colour or nature and produce it before the Court,
as and when directed by this Court.
6. The applicant shall also file an undertaking in the Court that his vehicle
shall not be used in any crime.
7. The Investigating Officer in Crime No. 773/2021 of M.H.B. Colony
Police Station shall submit his compliance report as early as possible, to this
Court and send aforesaid Panchanama, photograph and bond along with
the Chargesheet/Final Report without fail .
Sd/
(A. P. KHANORKAR)
Mumbai. Metropolitan Magistrate,
Date : 03012022 68th Court, Borivali, Mumbai.
*kck
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