Final Order 1

Order Details: Order below Ex-1
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ORDER BELOW EXH. 01 IN NOTICE CASE No. 1255 / N / 2023
1. This is an application filed by applicant Shakil Ahamad
Shaikh for getting the interim custody of seized Autorickshaw bearing
registration No. MH47D4410, seized in crime No. 604/2023
registered in police station Oshiwara of the offence punishable under
Section 379 of the Indian Penal Code.
2. The applicant submitted that he is the registered owner of
seized autorickshaw. He is ready to abide by all the conditions which
may be imposed by this court. Hence, interim custody of seized auto
rickshaw be given to him.
3. I.O. has filed his say and submitted that he has no
objection for giving the interim custody of seized autorickshaw to the
applicant. The learned APP also filed her say. From the documents
filed on record, the applicant appears to be the registered owner of
seized autorickshaw. The informant has given his no objection by
submitting that he has taken said autorickshaw from the applicant on
hire basis and the above said autorickshaw has been stolen, therefore,
he lodged F.I.R. The prosecution also has no objection to allow the
application. The applicant is ready to abide by all the conditions which
may be imposed by this court. Therefore, considering the nature of the
offence, no purpose would be served by keeping the seized auto
rickshaw in police station. Therefore, it would be proper to handover
the interim custody of the seized autorickshaw to the applicant by
imposing necessary conditions. Hence, the order.
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O R D E R
1. The application is allowed.
2. Interim custody of seized Autorickshaw bearing
registration No. MH47D4410 be handedover to the applicant on
execution of Supurtnama Bond of Rs.70,000/ (Rupees Seventy
Thousand only), subject to the condition that the applicant shall not
transfer the autorickshaw in any manner, he shall not change the
nature of autorickshaw and he shall produce the autorickshaw as and
when directed by the court, till disposal of the case.
3. I. O. is directed to prepare detail panchnama of seized
autorickshaw and obtain the photograph of the seized autorickshaw
before handing over the same to the applicant and submit the same
with the chargesheet.
4. Inform to police station Oshiwara accordingly.
( Nilesh V. Bansal )
Metropolitan Magistrate,
Railway Court, Andheri, Mumbai
Date : 05/08/2023
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