Final Order 1

Order Details: Order below Ex-1
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ORDER BELOW EXH. 01 IN NOTICE CASE No. 1426 / N / 2023
1. This is an application filed by applicant Mohd. Abrar
Shaikh for getting the interim custody of seized property viz., Motor
Cycle Thunder Bird 350CC, bearing registration no. MH02DT0692
worth of Rs. 1,50,000/ which is seized in crime no. 633/2023 of
Oshiwara police station for the offence punishable under Section 379 of
the Indian Penal Code.
2. The applicant submitted that he is owner of the seized
Motorcycle. He is ready to abide by all the conditions which may be
imposed by this court. Hence, interim custody of seized motorcycle be
given to him.
3. I.O. filed his say and objected the application by submitting
that, if said property returned to the applicant / accused there is
possibility of the said car being reused in the crime. He further
submits that if said property is return to the applicant / accused he will
never bring the said property as and when required at the time of
evidence before the Court. The Ld. APP also filed her say and objected
the application by submitting that the property mentioned in the
application is not mentioned in the F.I.R. and remand. No say filed by
the informant. I have gone through the record. Investigation is
completed and chargesheet has been filed (C. C. No. 2852/PW/2023).
From the documents filed on record, the applicant appears to be the
registered owner of seized motorcycle. 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 motorcycle in police station. Therefore, it would be proper to
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handover the interim custody of the seized motorcycle to the applicant
by imposing necessary conditions. Hence, the order.
O R D E R
1. The application is allowed.
2. Interim custody of seized Motor Cycle Thunder Bird
350CC, bearing registration no. MH02DT0692 be handedover to the
applicant on execution of Supurtnama Bond of Rs.1,50,000/ (Rupees
One Lac Fifty Thousand only), subject to the condition that the
applicant shall not transfer the motorcycle in any manner, he shall not
change the nature of motorcycle and he shall produce the motorcycle as
and when directed by the court, till disposal of the case.
3. I. O. is directed to prepare detail panchnama of seized
motorcycle and obtain the photograph of the seized motorcycle before
handing over the same to the applicant and submit the same in the
chargesheet.
4. Inform to police station Oshiwara accordingly.
Sd/
(Nilesh V. Bansal)
Metropolitan Magistrate,
Railway Mobile Court,
Date : 30/11/2023 Andheri, Mumbai.
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