Final Order 1

Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE,
66TH COURT, ANDHERI, MUMBAI.
Notice No. : 1456/N/2018. C. R. No.415/2017.
: (103/N/2018) Sakinaka Police Station.
Santosh Chander Sabre. … Applicant.
V/s.
Sr. Inspector of Police,
(Sakinaka Police Station). ...Respondent.
Order below Exh.1
Applicant filed the present application seeking
permission of the court to disposed off/sale in scrap the Auto
Rickshaw bearing registration No. MH02TA4384 , seized by
Sakinaka police station in connection with C. R. No.
415/2017, registered under section 379 of Indian Penal Code.
Applicant is not informant. It is contended by applicant that,
he is lawful owner of said muddemal. It is contended by
applicant that, the said vehicle is not roadworthy, hence, he
intent to sell said Auto Rickshaw and wish to purchase new
Auto Rickshaw under his permit No. 7794/W/99 issued by
R.T.O. in his name. It is his submission that, said Auto
Rickshaw seized by police and same was returned to him on
21/02/2018 by imposing certain conditions, which includes
not to sale or dispose without prior permission of the court.
He further submitted that, said Auto Rickshaw is only mean of
his livelihood therefore, intend to purchase new for his
livelihood, hence, made this application.
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2. Police have submitted his say and expressed no
objection for the prayer made by the applicant. It is at (Exh.
3).
3. Ld. Counsel for applicant in support of his
contention relied upon affidavit of applicant, he also relied
upon decision of Manjit Singh V/s. State LEX (DLH) 2014 9
311 and Sunderbhai Ambalal Desai V/s. State of Gujarat AIR
2003 Supreme Court 638. I have gone through decisions cited
by Ld. Counsel for applicant.
4. If considered submission made by the Ld. Counsel
for applicant and decisions cited supra and the fact that by
virtue of order passed on 21/02/2018 with regard to retun
vehicle of the accused/applicant by imposing certain
conditions, which includes prior permission of the court in
respect of not to transfer, eliminate the seized property,
relying upon affidavit of the applicant, the said Auto Rickshaw
is not roadworthy and intent to purchase new from the sale of
it, I am of view that, in view of decision cited supra, prayer
made by applicant is required to be considered. Considering
above discussion prayer of applicant to sale the Auto Rickshaw
is required to be allowed. Accordingly, I pass following order.
ORDER
1 Application is hereby allowed, as under:
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Notice No. : 1456/N/2018. ~3~
i] Permission granted to sale the vehicle i.e. Auto
Rickshaw bearing registration No. MH02TA4384 .
ii] Applicant shall furnish photographs of seized said
vehicle from all angles to Investigation Officer, for it's
proper identification in future.
iii] Applicant shall informed the court about sale proceeds
of vehicle, accordingly.
iv] Copy to the concerned police station for compliance of
this order.
Date :25/01/2019.
SRD.
Sd/
(R. M. Nerlikar)
Metropolitan Magistrate,
66th Court, Andheri, Mumbai.
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