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Judgment
This Writ Petition is filed challenging the action of respondent No.3 in continuing to retain the petitioner’s Eicher Container Lorry bearing Registration No.MH47BL1183, without considering the petitioner’s claim for interim custody of the vehicle, as illegal and arbitrary.
Heard learned counsel for the petitioner and Sri D. Pradeep, learned Assistant Government Pleader for Home, appearing for respondents No.1 to 3.
Learned Assistant Government Pleader for Home submitted that the subject vehicle is going to be produced before the concerned Court tomorrow by filing Form-60.
Learned counsel for the petitioner submitted that the petitioner does not possess the original Registration Certificate and relied upon various other documents, such as the transport permit, insurance policy, goods permit, delivery challan, etc., to establish his ownership over the vehicle. It is further submitted that the petitioner’s vehicle, along with its contents, i.e., spare parts which were to be delivered at Pune, was stolen and that the petitioner lodged a complaint in that regard. It is submitted that, subsequently, the petitioner came to know that the police had recovered the said vehicle along with the material contained therein. Therefore, the petitioner is seeking release of the vehicle.
In view of the above submissions, it appears that the vehicle is presently in the custody of the respondent police and not yet deposited before the Court. Therefore, the petitioner is directed to appear before the respondent police along with all relevant documents pertaining to the vehicle to establish his ownership over both the vehicle as well as the articles in the vehicle. The respondent police shall verify the genuineness and veracity of the documents produced by the petitioner. If, upon such verification, the respondent police are satisfied that the petitioner is the owner of the vehicle as well as the articles therein, they shall prepare a panchanama recording the contents of the vehicle and thereafter, release the vehicle as well as the articles therein to the petitioner, subject to the petitioner furnishing two local sureties for a sum of Rs.1,00,000/- (Rupees One Lakh only) each. The petitioner shall not alienate or create any encumbrance over the vehicle and shall produce the vehicle before the respondent police or the competent Court, as and when required, for the purpose of investigation or further proceedings.
With the above observations and directions, this Writ Petition is disposed of. There shall be no order as to costs.
Pending miscellaneous petitions, if any, in this Writ Petition shall stand closed.