Final Order 1

Order Details: Order Below EX 1
Pdf Text: C.C.NO.818/N/2021 ::1:: ORDER/EXH. 1
ORDER BELOW EXHIBIT NO. 1 IN C.C. NO. 818/N/2021
(Passed on 30/07/2022)
1. This is an application for return of property seized by Khar Police
in C.R.No.68/2021 under section 379 of I.P.C.. Ld. A.P.P. objected to
release the said seized property as the said vehicle having great
evidential value for trial and it is necessary to be maintained.
Investigation Officer has no objection to release the vehicle on
conditions. The accused has also given no objection to hand over the
custody of the vehicle to the original owner of the vehicle.
2. Heard both the parties. Read the application and say. Perused the
documents filed along with it. The application is supported by the
affidavit of the applicant .
3. The Khar police have seized one Autorickshaw bearing
registration No.MH-02-CT-5827 in Crime No. 68/2021 registered vide
Section 379 of I.P.C.. The applicant has filed the following documents :-
(a) Copy of FIR
(a) Verified copy of Certificate of Registration of vehicle
(b) Copy of Permit of Auto (CC permit)
(c) Copy Insurance of vehicle.
(d) Verified copy of Aadhar Card of the applicant
(e) Letter issued by the Pratap Co-op. Bank Ltd.
4. From the above documents it reveals that Mr. Chandrakant
Gundu Pednekar is the owner of the seized vehicle. No purpose would
be served in keeping the said vehicle lying in the Police Station. The
possibility of the damage to the property can not be ruled out if kept
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lying in the Police Station. The trial would not be concluded in near
future.
5. In view of discussions supra, I am of the considered opinion
that the applicant is entitled for the possession of the seized vehicle. In
the result following order is passed.
ORDER
1) The application is allowed.
2) The seized property, namely Auto rickshaw
bearing registration No. MH-02-CT-5827, Chasis
No.39160, Engine No.83757 Model 2013 be
handed over to the applicant till the conclusion of
the trial on the applicant executing indemnity
bond of Rs.1,50,000/-(Rupees One Lakh Fifty
Thousand only).
3) The applicant to undertake that he shall not
sell or transfer the said vehicle without the prior
permission of the Court.
4) The applicant shall produce the property in
the Court as and when directed.
5) The Investigation Officer is directed to
prepare panchanama of handing over of the
vehicle in presence of panchas and to take three
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colour photographs of the vehicle from different
angle so as to vehicle would be identified from
the photographs.
6) The Investigation Officer is directed to file
colour photographs and panchanama alongwith
the charge-sheet.
sd/-
( K.H.Thombre )
Addl. Chief Metropolitan Magistrate,
Date : 30.07.2022 9th Court, Bandra, Mumbai
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