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. 150/N/2023
1. This is an application filed by applicant Zubair Gulam
Hussain Chaudhary for getting the interim custody of seized
Burgman Street Motorcycle bearing registration no.MH03EC1928
which is seized in crime no. 54/2023 registered in Sakinaka police
station of the offence punishable under Section 379 of the Indian
Penal Code.
2. The applicant submitted that he is the owner of seized
motorcycle. He also attached the verified copy of R.C of seized
motorcycle. It is at Exh.3 He is ready to abide by all the conditions
which may be imposed by this Court. Hence, prayed that interim
custody of seized motorcycle be given to him.
3. The learned A.P.P filed her say and submitted no objection
for giving the interim custody of seized motorcycle to the applicant. I
have gone through the record. From the documents filed on record,
the applicant appears to be the owner of seized motorcycle. 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 by him.
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 motorcycle in police
station. Therefore, it would be proper to handover the interim custody
of the seized motorcycle to the applicant by imposing necessary
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conditions. Hence, the order.
O R D E R
1. The application is allowed.
2. Interim custody of Burgman Street Motorcycle bearing
registration no.MH03EC1928 be handedover to the applicant on
execution of Supurtnama Bond of Rs.90,000/ (Rs.Ninety Thousand
only), subject to the condition that the applicant shall not transfer the
motorcycle in any manner, he shall not change the nature of
motorcycle and he shall produce the motorcycle as and when directed
by the Court, till disposal of the case.
3. I. O. is directed to prepare detail panchnama of seized
motorcycle and obtain the photograph of the seized motorcycle before
handing over the same to the applicant and submit the same with the
chargesheet.
4. Inform to Sakinaka police station accordingly.
Dated 07/02/2023
Sd/
(Vijay C. Gawai)
Metropolitan Magistrate,
66th Court, Andheri, Mumbai
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