Final Order 1

Order Details: Order below Ex-1
Pdf Text: 1
C. C. No. 4400465/N/2023
in C.R. No.571/2022 of Versova police station
ORDER BELOW APPLICATION FOR RETURN OF PROPERTY :
1. The applicant namely Mr. Pawan Rama Pawar filed the
application under Section 457 of Cr. P.C. and thereby sought the interim
custody of the property i.e. Honda Activa 6 G Deluxe bearing No.MH03DW
5110, Chassis No.ME4JF918KMW020940, Engine No.JF91EW5021014,
valued Rs.66,171/, which was seized in C.R No.571/2022 under seizure
panchanama by Versova Police Station.
2. Say of I.O. and learned APP were called. I.O. has not filed say
yet. Learned APP has opposed the application.
3. Heard. Perused the record.
4. In order to support the claim, the applicant has filed Affidavit
alongwith copies certificatecumpolicy schedule, Aadhar Card and FIR on
record. The avernments made in the application are supported by relevant
documents. Hence, prima facie it appears that there is substance in the
application.
5. The said seized property is lying at police station. In the case of
Sundarbhai Desai V/s. State of Gujrat [Special leave petition (Crl.) 2745
of 2002], the Hon'ble Appex Court observed that owner of the
article/property would not suffer because of its remaining unused or by its
misappropriation. The record shows that the applicant is entitled to get the
custody of the said property. Therefore, it will be justified to handover the
custody of the seized property which is of daily used. Moreover, no purpose
would be served by keeping the property in the police station. Thus, the
property deserves to be returned to the applicant at this interim stage subject
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to following conditions.
ORDER
1. The application is hereby allowed.
2. The concerned police station is hereby directed to hand over the
seized property i.e. Honda Activa 6 G Deluxe bearing No.MH03DW5110,
Chassis No.ME4JF918KMW020940, Engine No.JF91EW5021014, valued
Rs.66,171/, which was seized in C.R No.571/2022, under seizure
panchanama on his executing indemnity bond of Rs.66,171/ (Rs. Sixty Six
Thousand One Hundred Seventy One Only) to applicant Mr. Pawan Rama
Pawar.
3. The concerned police officer is hereby directed to hand over the
said property to the applicant, after taking all the details i.e. photographs,
description, etc. which ever is necessary. The concerned investigating officer
shall prepared the panchanama of the seized article before handing over the
said seized property to the applicant and all the necessary documents in this
regard shall be filed along with the chargesheet.
4. The applicant is hereby directed not to sell, change, transfer, or
exchange the said property in any manner to anybody till the disposal of the
case.
5. The applicant is hereby directed to produce the said property
before the Court as and when required and ordered by this Court.
6. The applicant is hereby directed to obey the order of the Court,
whichever will be passed time to time.
7. Concerned police station be intimated accordingly.
Sd/
( Sujitkumar C. Tayde )
Metropolitan Magistrate,
Date : 12.10.2023 44th Court, Andheri, Mumbai.
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