Final Order 1

Order Details: Order below Ex-1
Pdf Text: IN THE COURT OF ADDL. CHIEF METROPOLITAN MAGISTRATE,
22nd COURT, ANDHERI, MUMBAI.
Notice No. 644/N/2021
Cr. No.110/2021
M.I.D.C. Police Station
Mr. Murtuj Mohamad Shaikh … Applicant
V/s.
State of Maharashtra
(M.I.D.C. Police Station)
...Respondent.
ORDER BELOW APPLICATION FOR RETURN OF PROPERTY
1. Perused the application in hand. Applicant Mr. Murtuj
Mohamad Shaikh has filed this application under Section 457 of the
Code of Criminal Procedure. The applicant has prayed for return of
muddemal property i.e. Honda Activa 5G Motor Scooter bearing
registration No.MH02FC4287, Chassis No. ME4JF50AJJ198527
Engine No.JF50E77198567.
2. The applicant has submitted that, he is the registered
owner of the said scooter. It is also submitted by the applicant that the
said scooter was seized by police and it is lying in MIDC Police Station.
3. The applicant has prayed for the return of said scooter. He
also submitted that the aforesaid scooter has been recovered by MIDC
police. If, the scooter remains at MIDC Police Station, then it would be
damaged. That, he is ready to abide himself by conditions, imposed by
the Court for return of the scooter. The applicant has also filed his
affidavit, N.O.C. of informant, xerox copy of FIR, xerox copy of his
Aadhar card and Aadhar card of informant, registration certificate,
insurance paper, of said scooter, in support of his application.
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4. The I.O. of M.I.D.C. Police Station, has filed its say at
Exh5 . He has no objection to return the abovementioned scooter to
the applicant.
5. The registration certificate of the aforesaid scooter has been
filed on record. As per this certificate, Engine number, Chassis number
are collateral with the application. The name of the applicant is also
appearing on the registration certificate.
6. The seizure of this scooter is also drawn by I.O. It would
justify to hand over muddemal in question to the applicant because if it
remains in unused condition at police station, it would be vulnerable to
misappropriation or junking and for the same the owner should not
suffer without his fault. Hence, considering the documentary evidence
on record, affidavit of applicant and also say of police, it leads to
conclusion that, the applicant is entitled to claim interim possession of
the scooter under Section 457 of the Code of Criminal Procedure.
Hence, as the applicant is entitled to retain the interim possession of
muddemal property on certain conditions, as per Section 457 of the
Code of Criminal Procedure, I proceed to pass the following order:
O R D E R
1. The application is allowed.
2. Interim possession of Honda Activa 5G Motor Scooter bearing
registration No.MH02FC4287, Chassis No. ME4JF50AJJ198527
Engine No. JF50E77198567. seized by M.I.D.C. Police Station in C. R.
No. 110/2021 be returned to the applicant Mr. Murtuj Mohamad
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...3... Notice Case No.644/N/2021
Order below Exh.1, contd.
Shaikh R/at : Dr. Babasaheb Ambedkar Nagar, Building No.3, GR8
Road No.8, Near Khanna House, Andheri(E), Mumbai on his entering
'Supurtnama' Bond of Rs.52,000/(Rs. Fifty Two Thousand only).
3. The applicant is hereby directed that he should not change
the colour of the scooter, transfer, sale, mortgage or create right of any
third person over the scooter and should not modify or alter the nature
of the aforesaid scooter, without prior permission of the Court or till
final disposal of case filed under C.R.No. 110/2021 of M.I.D.C. Police
Station.
4. The applicant is directed to produce the scooter, whenever
ordered by the Court and police.
5. Police are hereby directed to draw detail panchanama,
including minute specifications of the scooter and to take minimum 2
photographs of scooter, which should display registration number of
scooter and other identification marks easily. The copies of photographs
along with negatives should be filed.
6. Issue letter to M.I.D.C. Police Station accordingly.
Date : 13.08.2021
Sd/
(A. A. Panchbhai)
Addl. Chief Metropolitan Magistrate,
22nd Court, Andheri, Mumbai.
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