Final Order 1

Order Details: Order Below EX 1
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ORDER BELOW NOTICE NO.12/N/2021 ARISING OUT OF C. R. NO.
433/2014 OF SANTACRUZ POLICE STATION
1. The present application is filed by the applicant Jainendra
Pravin Shah for permission to sell the vehicle Hundai I20 Asta bearing
No.MH02CH8577, seized by the Santacruz police Station in
C.R.No.433/2014 registered u/sec.379 of IPC.
2. The Investigating Officer has given no objection.
3. The applicant submitted that he is the owner of above
mentioned vehicle. It was stolen. The vehicle was seized by the police.
The applicant obtained the custody of the vehicle vide order in
C.C.No.202/N/2015. One of the conditions imposed on him was that
he should not sell the vehicle without the permission of the court.
Hence, he has preferred this application. He produced copy of
Registration Certificate, Copy of Order in C.C.No.202/N/2015,
Insurance Policy, Aadhar Card and valuation report in support of his
version.
4. It appears from the registration certificate that the vehicle
was manufactured in the year 2012. The vehicle is old. The production
of the vehicle at the time of further proceeding in the case is not
required. The vehicle will be required only for the purpose of passing
final order at the conclusion of any further proceeding that may be
taken up in the case. Thus, it will suffice if necessary bonds and
security is taken from the applicant. In such situation, curtailing the
liberty of the applicant to deal with his property is not necessary. At the
same time, it is necessary to ascertain the current value of the vehicle.
The applicant has produced valuation report of the vehicle from
government approved valuer. As per the said report the appraiser value
of the vehicle is Rs.2,50,000/. The applicant has produced relevant
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documents in support of his submission. Therefore, in view of
guidelines laid down in K.W. Ganapathy Vs. State of Karnataka 2002
Cri. L.J. 3867 it will be proper to grant permission to the applicant to
sell the vehicle. As such following order is passed:
ORDER
1. The application is allowed.
2. The applicant is permitted to sell the vehicle Hundai I20 Asta
bearing No.MH02CH8577, seized by the Santacruz police
Station in C.R.No.433/2014 registered u/sec.379 of IPC.
3. The applicant to execute indemnity bond of Rs.2,50,000/ with
undertaking that he will deposit the said amount or the amount
of sale whichever is larger in the court in the event of final order
in the proceeding going against him.
4. The applicant to produce the documents pertaining to sell within
15 days of execution of sell of the vehicle alongwith photographs
of the vehicle.
Metropolitan Magistrate,
Date: 15012021 71st Court, Bandra, Mumbai.
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