Final Order 1

Order Details: Order
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE
66th COURT, ANDHERI, MUMBAI
ORDER BELOW EXH. 01 IN NOTICE CASE No. 52/N/2023
1. This is an application filed by applicant Maaz Hussen Patel
for getting the interim custody of seized Auto rickshaw bearing
registration no. MH03DC2397 , seized in crime no. 20/2023
registered in Powai police station of the offence punishable under
Section 379 r/w.34 of the Indian Penal Code.
2. The applicant submitted that he is the owner of seized
rickshaw. He also attached the xerox copy of R.C of seized rickshaw.
He is ready to abide by all the conditions which may be imposed by
this Court. Hence, prayed that interim custody of seized rickshaw be
given to him.
3. I.O. filed his say and submitted that he has no objection for
giving the interim custody of seized rickshaw to the applicant. I have
gone through the record. From the documents filed on record, the
applicant appears to be the owner of seized rickshaw. The prosecution
has no objection to allow the application. The claim of the applicant is
also supported by the contents of F.I.R. lodged. The applicant is ready
to abide by all the conditions which may be imposed by this Court.
Considering the nature of the offence, no purpose would be served by
keeping the seized rickshaw in police station. Therefore, it would be
proper to handover the interim custody of the seized rickshaw to the
applicant by imposing necessary conditions. Hence, the order.
-- 1 of 2 --
O R D E R
1. The application is allowed.
2. Interim custody of seized Auto rickshaw bearing
registration no. MH03DC2397 be handedover to the applicant on
execution of Supurtnama Bond of Rs. 1,80,000/ (Rs. One Lac Eighty
Thousand only), subject to the condition that the applicant shall not
transfer the rickshaw in any manner, he shall not change the nature of
rickshaw and he shall produce the rickshaw as and when directed by
the Court, till disposal of the case.
3. I. O. is directed to prepare detail panchnama of seized
rickshaw and obtain the photograph of the seized rickshaw before
handing over the same to the applicant and submit the same with the
chargesheet.
4. Inform to Powai police station accordingly.
Dated 12/01/2023
Sd/
(Vijay C. Gawai)
Metropolitan Magistrate,
66th Court, Andheri, Mumbai
-- 2 of 2 --