Final Order 1

Order Details: Order
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE
66th COURT, ANDHERI, MUMBAI
ORDER BELOW EXH. 01 IN NOTICE CASE No. 1215/N/2023
1. This is an application filed by applicant Mohammed
Shafeeq Mohammed Quadeer Khan for getting the interim custody
of seized Scooter bearing registration no. MH02DP0019 , which is
seized in crime no. 616/2023 registered in Sakinaka police station of
the offence punishable under Section 379 of the Indian Penal Code.
2. The applicant submitted that his brother is the owner of
seized scooter. He also attached the verified copy of R.C book of
seized scooter which shows that Applicant's brother is owner of that
property. It is at Exh.3. He is ready to abide by all the conditions
which may be imposed by this Court. Hence, prayed that interim
custody of seized scooter be given to him.
3. I.O. filed his say and submitted that he has no objection for
giving the interim custody of seized scooter to the applicant. The
learned A.P.P also filed her say. I have gone through the record. From
the documents filed on record, the applicant appears to be the owner
of seized scooter. The prosecution has no objection to allow the
application. The claim of the applicant is also supported by the
contents of F.I.R. lodged by him. The applicant is ready to abide by all
the conditions which may be imposed by this Court. Considering the
nature of the offence, no purpose would be served by keeping the
seized scooter in police station. Therefore, it would be proper to
handover the interim custody of the seized scooter to the applicant by
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imposing necessary conditions. Hence, the order.
O R D E R
1. The application is allowed.
2. Interim custody of Scooter bearing registration no. MH
02DP0019 be handedover to the applicant on execution of
Supurtnama Bond of Rs. 30,000/ (Rs.Thirty Thousand only), subject
to the condition that the applicant shall not transfer the scooter in any
manner, he shall not change the nature of scooter and he shall
produce the scooter as and when directed by the Court, till disposal of
the case.
3. I. O. is directed to prepare detail panchnama of seized
scooter and obtain the photograph of the seized scooter before
handing over the same to the applicant and submit the same with the
chargesheet.
4. Inform to Sakinaka police station accordingly.
Dated 26/07/2023
Sd/
(Vijay C. Gawai)
Metropolitan Magistrate,
66th Court, Andheri, Mumbai
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