Heard learned advocate for the parties.
Learned advocate for the applicant submits that the custody of vehicle having registration No. GJ-4-D-7276 of 'Indigo Car' admittedly owned and in the name of the petitioner in the record of R.T.O., allegedly involved in offences punishable under Bombay Police Act is not handed over to the petitioner on the ground that the vehicle in question earlier was involved in the offences and the earlier owner who was involved in the crime at relevant point of time subsequently sold it to the petitioner. However, the petitioner is in succession had no knowledge about the involvement of the vehicle in the crime earlier registered vide C.R.No. 61 of 2010.
The above fact remained undisputed and, therefore, I am inclined to allow this application and the order passed by the Courts below impugned in this petition are quashed and set aside with a direction to hand over custody of the vehicle having registration No. GJ-4-D-7276 of Indigo Car to the petitioner on furnishing a bond of Rs. 1 lakh and an undertaking that during the pendency of proceedings, the vehicle be not transferred, sold, alienated etc. in favour of any party and shall produce the vehicle as and when required by the Court.
With the aforesaid, this petition is disposed of.
Direct service is permitted.
[ANANT S. DAVE, J.] //smita// Top