Final Order 1

Order Details: Order
Pdf Text: IN THE COURT OF ADDL. CHIEF METROPOLITAN MAGISTRATE,
22ND COURT, ANDHERI, MUMBAI.
Notice No.22001797/N/2018
C.C.NO.3188/PW/2018
C.R. No.395/2017
MIDC Police Station
Mr. Rahul Ishwar Kapoor … Applicant
V/s.
State
( MIDC Police Station)
...Respondent.
ORDER BELOW APPLICATION FOR RETURN OF PROPERTY
VIZ MOTOR CAR
This is an application u/sec. 457 of Code of
Criminal Procedure moved by the accused for return of vehicle viz
Fortuner Car bearing no.MH02BR9679 which has been seized
by police station MIDC u/sec. 420 and 406 of I.P.C.
In short, it is the contention of the accused that
he was arrested by MIDC police station for the offence punishable
u/sec. 406, 420 r/w 34 of Indian Penal Code. It is further
contended by him that during the investigation of the aforesaid
crime, the investigation officer has seized vehicle viz Fortuner Car
bearing no.MH02BR9679. It is further contended by him that he
is the registered owner of the said vehicle. The said vehicle is kept
at police station and if it is not returned it's utility value may
become less. He undertakes to produce the said vehicle as and
when required by the court. Lastly, he prayed to return the said
vehicle on execution of indemnity bond.
Perused the say of Ld. A.P.P. for the State and
I.O. they have strongly opposed the application contending that
the accused has committed the offence punishable u/sec. 420 and
406 of the Indian
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Penal Code and he has purchased the said car from the amount of
misappropriation. It is further contended by them that the said car
seized by I.O. is material piece of evidence. He therefore prayed to
reject the application.
Perused application, say and record.
I have heard Ld. Counsel for the applicant and
Ld. Counsel for the accused at length.
The applicant/ accused claiming to be the
owner of the seized vehicle. In support of his contention he has
placed on record certificate of Registration which proved that the
applicant is the registered owner of the seized vehicle. In so far as
the contention of the prosecution that the seized vehicle is
purchased from the amount of misappropriation is concerned, it is
pertinent to point out here that the vehicle is being returned to the
applicant / accused as interim custody. The above contention of
the prosecution is yet to be proved in the evidence during the trial.
Under these circumstances, no purpose is likely to be served by
keeping the vehicle at police station for a longer period as it's
utility value become less. Hence, following order.
ORDER
1. Application is allowed.
2. The vehicle viz Fortuner Car bearing no.MH
02BR9679 be returned to the applicant/ accused on furnishing
Bank guarantee of Rs.15 lakhs (Rs. Fifteen Lakhs only).
3. The applicant / registered owner shall not
sell or dispose off or alter or modify the same until further orders.
4. The applicant/ registered owner shall
produce the same for the purpose of investigation and trial
whenever called upon.
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C.C.NO.1797/N/2018
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5. I.O. is directed to draw panchanama of
vehicle regarding the Chasis number, Engine number and make
and to take two photographs of the said vehicle, while handing it
over to the applicant and annex it with the chargesheet.
6. The said proceeding be kept alongwith the
chargesheet.
Sd/
(S.N.Salve)
Addl. Chief Metropolitan Magistrate,
22nd Court, Andheri, Mumbai.
Dt. 15/02/2019
ASD.
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