Final Order 1

Order Details: Order below Ex-1
Pdf Text: 1
C. C. No. 4401201/N/2023
in C.R. No.0374/2023 of Amboli police station
ORDER BELOW APPLICATION FOR RETURN OF PROPERTY :
1. The applicant namely MR. SHAFIQUE MOHAMMAD S. KHAN filed
the application under Section 457 of Cr. P.C. and thereby sought the interim custody
of the property i.e. Auto Rickshaw bearing registration no.MH02FB6344, Engine
No.24YWKD76373, Chassis No.MD2A24AY3KWB37151, Mfg. Yer March, 2019,
valued Rs.2,00,000/, which was seized in C.R No.0374/2023 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. and learned APP have
opposed the application.
3. Heard. Perused the record.
4. In order to support the claim, the applicant has filed Affidavit, copies
of R.C. Book, Vehicle Insurance, Permit, Driving Licence, Aadhar Card of the
applicant and FIR on record. The avernments made in the application are supported
by relevant documents. Thus, 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 to following conditions:
-- 1 of 2 --
2
ORDER
1. The application is hereby allowed.
2. The concerned police station is hereby directed to hand over the
seized property i.e. Auto Rickshaw bearing registration no.MH02FB6344, Engine
No.24YWKD76373, Chassis No.MD2A24AY3KWB37151, Mfg. Yer March, 2019,
valued Rs.2,00,000/, which was seized in C.R No.0374/2023, under seizure
panchanama on his executing indemnity bond of Rs.2,00,000/ (Rs. Two Lacs Only)
to applicant MR. SHAFIQUE MOHAMMAD S. KHAN.
3. The investigating officer is directed to prepare detailed panchanama
of the currency notes with their numbers or denomination. The photographs of such
currency notes should be attested by the complainant and the accused as well as by
the persons to whom the custody is handed over. Memo of the proceeding be
prepared after getting the signatures of the complainant, accused and witnesses.
4. The applicant is hereby directed to produce the said property before
the Court as and when required and ordered by this Court.
5. The applicant is hereby directed to obey the order of the Court,
whichever will be passed time to time.
6. Concerned police station be intimated accordingly.
Sd/
( Sujitkumar C. Tayde )
Metropolitan Magistrate,
Date : 11.08.2023 44th Court, Andheri, Mumbai.
spj
-- 2 of 2 --