Final Order 1

Order Details: Order below Ex-1
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE,
36th COURT MUMBAI CENTRAL, MUMBAI.
C. C. NO. : 18/MISC./2021.
C. R. NO. : 6/2021.
Railway Protection Force : Dadar.
Rohiniprasad Ramlal Yadav. …. Applicant.
V/s.
The Sr. Inspector of Police,
(Railway Protection Force, Dadar, Mumbai). .... Respondent.
ORDER BELOW EXH.1
This is an application moved by the applicant Mr.
Rohiniprasad Ramlal Yadav, R/o., 41/1/8, Davari Nagar, Gali No.4,
Gangaram Chawl, A. J. Road, Santacruz (E), Mumbai, under Section
457 of The Code of Criminal Procedure seeking the custody of Four
Wheeler Vehicle Motor Taxi bearing its Registration No.MH02BQ
7844 seized by Railway Protection Force, Dadar, in connection with C.
R. No. 6/2021, registered for the offence punishable under Section 3 of
the Railway Property (Unlawful Possession) Act, 1966.
2. Applicant request to release the property on the ground that,
he is the owner of muddemal property i.e. Four Wheeler Vehicle Motor
Taxi bearing its Registration No.MH02BQ7844 , interalia on the
ground that, he is the registered owner of the said vehicle seized in the
present crime and that it is necessary for him daily work and therefore,
he requests to released its custody in his favour.
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3. Learned P.P. and Inquiry Officer have submitted their say to
the application. I.O. has strongly opposed the said application. It is the
contention of Inquiry Officer that, this vehicle was used in the present
crime with the knowledge of present applicant. He further submitted
that, the inquiry of the offence is still in progress. There is every
possibility of reusing the vehicle by the applicant for committing the
same type of offence in future and therefore, requested to reject the
application.
4. Learned P.P. has also based his objection on the same line.
He further submitted that, said vehicle will be required for its
identification at the trial.
5. I have heard Learned Advocate Shri. Raghunath Mahale for
the applicant and Learned P.P. Shri. Tiwari for the State.
6. Under section 457 of the Code of Criminal Procedure only
the entitlement of possession of seized article has to be considered by
the Magistrate. It is the contention of the present applicant that, he is
the owner of the seized Four Wheeler Vehicle Motor Taxi bearing its
Registration No.MH02BQ7844 . To substantiate his contention he has
produced on the record the Copy of Registration Certificate of Vehicle
and Copy of Aadhar Card. These documents shows his lawful
entitlement over the property. As per the law, the certificate of
registration of said vehicle i.e. Four Wheeler Vehicle Motor Taxi bearing
its Registration No.MH02BQ7844 issued by Government of
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Maharashtra is the valid proof of title of the said vehicle. As per the
Certificate of Registration the applicant is the owner of subject vehicle
i.e. Four Wheeler Vehicle Motor Taxi bearing its Registration No.MH
02BQ7844 till date.
7. In the case titled Sunderbhai Desai V/s. State of Gujrat
A.I.R 2003 SC.638, the Hon'ble Apex Court has held that, once the
ownership of the applicant over the articles is ascertained the powers
under Section 451 of the Code of Criminal Procedure should be
exercised by the Magistrate expeditiously and judiciously so that the
owner of the article would not suffer because of its remaining unused or
by its misappropriation. It is further observed that, if the proper
panchanama before handing over possession of article is prepared, that
can be used in evidence instead of its production before the Court
during the trial. It is also held that, if necessary, evidence could also be
recorded describing the nature of the property in detail.
8. Therefore, so far as the question of requirement of the
subject vehicle i.e. Four Wheeler Vehicle Motor Taxi bearing its
Registration No.MH02BQ7844 for its identification purpose at the
trial is concerned, in my view if the photographs of the said vehicle
showing its clear registration number are taken and the same are kept
on the record, the said photographs may be used at the trial to prove
the identity of the vehicle and there is no need of its actual production
before the Court. Furthermore, as observed by the Hon'ble Supreme
Court in the case supra the identity of the seized vehicle can be also
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proved by the witness by giving its detail description in his evidence.
Therefore, withholding the custody of said vehicle for the reason that,
the same would be required for its identification purpose at the trial
would be unjustifiable ground at law.
9. In view of the above, the application therefore needs to be
granted. Hence, the order :
ORDER
1) The custody of seized muddemal i.e. Four Wheeler
Vehicle Motor Taxi bearing its Registration No.MH02
BQ7844, seized by Railway Protection Force Dadar,
Mumbai, in connection with C. R. No. 6/2021,
registered for the offence punishable under Section 3
of the Railway Property (Unlawful Possession) Act,
1966 be given to the applicant on further following
conditions :
(a) Applicant shall execute indemnity bond of `3,00,000/
(Three Lacs).
(b) That he shall produce the said vehicle i.e. Four
Wheeler Vehicle Motor Taxi bearing its Registration
No.MH02BQ7844, as and when required by the
police or the Court.
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(c) That he shall not change the structure of the said
vehicle i.e. Four Wheeler Vehicle Motor Taxi bearing
its Registration No.MH02BQ7844, or alienate the
same in any way without the permission of Court.
(d) That the I.O. shall take the photographs of the said
vehicle i.e. Four Wheeler Vehicle Motor Taxi bearing
its Registration No.MH02BQ7844, showing its clear
registration number and prepare the panchanama at
the time of releasing the said vehicle.
(e) That the said photographs shall be countersigned by
the applicant as well as the accused.
(f) Inform the I.O. accordingly.
Date : 11/11/2021.
SRD.
Sd/
(J. C. Dhengale)
Metropolitan Magistrate,
36th Court, Mumbai Central,
Mumbai.
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