Final Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No. 179/N/2023
Sheetal V/s. BKC P. Stn.
ORDER
1. The present application under section 451 r/w. 457 of
Cr. P. C. is filed for return of car i.e. Volkswagen Polo bearing No.MH
02EK0333, seized by the BKC police station in connection with C. R.
No.96/2023, registered U/Sec. 304, 279, 337 of IPC r/w. 183, 184, 185
of M. V. Act.
2. I.O. did not object to return the seized car to the applicant.
However, Ld. A.P.P. objected to release the car, as it requires for trial.
3. Admittedly, seized car belongs to the applicant. The copy of
registration certificate shows that applicant is registered owner of seized
car. Applicant in support of her contention has produced copies of
Insurance Policy, R. C. Book and her Aadhar Card. Custody of the car is
not required for further investigation. In case of Sundarbhai Ambala
Desai V/s. State of Gujrat reported in (2002) 10 Supreme Court Cases
283, the Hon'ble Apex Court laid down certain direction regarding
release or disposing off seized articles during investigation, wherein it
has been held that proper panchnama before handing over possession of
seized article prepared, that can be used in evidence in stead of its
production before the Court during trial.
4. In such circumstances, no good purpose would serve
keeping the said car further in custody of police. For the apprehension
of Ld. A.P.P. condition can be imposed. Applicant is entitled to receive
the seized car. In the result, following order is passed :
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ORDER
1. The custody of car i.e. Volkswagen Polo bearing
No.MH02EK0333, seized by the BKC police Station in
C. R. No. 96/2023, registered U/Sec. 304, 279, 337 of
IPC r/w. 183, 184, 185 of M. V. Act be handed over to
the applicant on execution of indemnity bond of
R.10,00,000/.
2. The applicant is directed not to sell, transfer, alter,
dispose or hand over the seized car to third person
without prior permission of Court and shall produce the
same before the Court, whenever required for trial.
3. The Investigating Officer is directed to take the
photographs of the seized car, at the cost of the
applicant and produce the same with indemnity bond of
applicant along with final report.
Mumbai
Date : 19/06/2023.
SRD
Sd/
Metropolitan Magistrate,
71st Court, Bandra, Mumbai.
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