Moter cycle Superdari petition Court Order
Petitioner alongwith counsel Mr. Name Advocate, and Mr. Name DPP for State present.
Petitioner
Name s/o Name seeks the
release of motorcycle 125 CC, Engine No:R637465 and Chassis No.EB31694 and Flying Couch No. E8860
on superdari, being seized by the local
police vide FIR No. 35 dated 10-02-2022 u/s 279/337G/427 PPC of Location.
Arguments heard and record perused.
Perusal of the file would reveal that
the vehicle in question was taken into possession by the local police. The case
property is ownership of Directed General Agricultural (extension) _______ which has been allotted to the petitioner vide latter No. 1367/DDA
dated 08.07.2020. The petitioner produce original documents of the vehicle in
question regarding its genuineness and ownership (original documents seen and
returned while photocopy placed on file). Similarly there is no rival claimant
of the same. Since there are no proper arrangements for keeping case property
with police, therefore, there is also strong apprehension of deterioration of
the vehicle in question if remained in the custody of local police for
indefinite period of time, which is not legal under the law. Over and above
superdari is an interim arrangement for custody of case property in order to
save it from deterioration.
For the foregoing reasons, the
application of Superdari is allowed and the vehicle in question is returned on
Superdari to the petitioner, if he furnishes bail bonds to the tune of Rs. 1,50,000/-
with two local and reliable sureties each in the like amount to the entire
satisfaction of SHO concerned if vehicle is not required in any other case. The petitioner is directed not to dispose of
the vehicle till the disposal of case. Petitioner will be bound to produce the
same as and when required by the court / local police.
Requisitioned record be returned to quarter concerned while file of this court be consigned to record room after its completion and compilation.
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