Final Order 1

Order Details: Order below Ex-1
Pdf Text: 1
C. C. No. 4401157/N/2023
in C.R. No.141/2023 of Amboli police station
ORDER BELOW APPLICATION FOR RETURN OF PROPERTY :
1. The applicant namely AJOY ABHISHEK MUKHERJEE filed the
application under Section 457 of Cr. P.C. and thereby sought the interim custody of
the property i.e. Motor Cycle/Scooter bearing registration No.MH02FF4230,
Chassis No.MB8EA11AFK8196497, Engine No.AF212089876, which was seized in
C.R No.141/2023 under seizure panchanama by Amboli Police Station. The
applicant undertakes that he is ready to abide by the conditions imposed by this
Court, if the property is released on his supurtanama.
2. Say of I.O. and Learned APP were called. I.O. has no objection to
hand over the said property to the applicant on certain terms and conditions. As such
the learned APP prayed to pass the appropriate order.
3. Heard. Perused the record.
4. In order to support the claim, the applicant has filed Affidavit
alongwith copies of R.C., booking form, purchase receipt, Aadhar Card, Pan Card
and FIR on record. The said seized property is lying at police station. The record
shows that the applicant is the registered owner of the said property.
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 to following conditions:
ORDER
1. The application is hereby allowed.
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2. The concerned police station is hereby directed to hand over the
seized property i.e. Motor Cycle/Scooter bearing registration No.MH02FF4230,
Chassis No.MB8EA11AFK8196497, Engine No.AF212089876, which is seized in C.R
No.141/2023 under seizure panchanama on his executing indemnity bond of
Rs.50,000/ (Rs. Fifty Thousand Only) to applicant AJOY ABHISHEK MUKHERJEE.
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 : 11.07.2023 44th Court, Andheri, Mumbai.
spj
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