Final Order 1

Order Details: Order below Ex-1
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE,
66TH COURT, ANDHERI, MUMBAI.
Notice No. :- 978/N/2019. C.R. No.-243/2018
Sakinaka Police Station.
Sunil Ramu Khande
R/o- Room No. 202, Lokpuram, Vasant-Vihar,
Thane – 400 606. … Applicant
V/s.
Sr. Inspector of Police,
(Sakinaka Police Station) ...Respondent.
ORDER PASSED BELOW EXH.1
1. Perused the application and say of concerned police station.
Read the say of Ld. APP. Read the documents filed with the application.
None is present when called for. Present application filed by applicant
for returning the property i.e. TATA S Magic Motorcar seized in C.R. No.
243/2018 of Sakinaka Police Station for the offence punishable under
section 420, 34 of IPC. Applicant is ready to abide by any conditions
imposed by court. Finally, applicant requested for interim custody of the
seized property. IO has given No Objection to allow the present
application. Ld. APP resisted the application on the ground that no any
document showing the ownership of said vehicle in the name of
applicant is filed on record.
2. I have gone through the record and proceeding of present
case. No document showing ownership of applicant over the seized
property is available on record. Photocopy of tax invoice filed on record
shows that one Manohar Krushna Mhatre is the owner of seized vehicle.
Therefore, applicant failed to prove his ownership over the seized
property. Inspite of direction to prouce the verified copy of R.C. Book of
seized vehicle, applicant failed to produce same till today. Therefore, I
am of humble opinion that applicant is not entitled for interim custody
of seized vehicle at this stage. Therefore, I find no merit in the
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application. In the result, application deserves to be rejected. Hence, the
order:
O R D E R
Application stands rejected.
Dated :04/02/2021.
(Bhagawat T. Zirape)
Metropolitan Magistrate,
66th Court, Andheri, Mumbai
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