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Judgment
C. V. Bhadang, J
The challenge in this revision application is to the order dated 1.12.2021 passed by the learned Additional Sessions Judge at Mapusa in Sessions Case (302) no.37 of 2021. By the impugned order an application at Exh.D-17 filed by the applicant under Section 451 of the Cr.P.C. for release of a Ertiga vehicle bearing no. GA07-F-8337 has been dismissed inter alia on the ground that the applicant has not produced documents pertaining to ownership of the vehicle.
The learned Counsel for the applicant pointed out the attachment panchanama dated 9.1.2021 in order to show that registration certificate of the car was lying in the car in a brown colour wallet which was also seized along with the vehicle. In other words it is submitted that the applicant was not in possession of the certificate. He submitted that it is not disputed by the Investigating Agency that the applicant is the registered owner.
The learned Addl. Public Prosecutor did not dispute that the applicant is the registered owner of the car. He, therefore, submitted that the appropriate orders may be passed.
In such circumstances, the criminal revision application is allowed. The impugned order dated 1.12.2021 is hereby set aside. The application at Exh. D-17 stands allowed as prayed. The aforesaid vehicle be released in favour of the applicant on execution of the proper indemnity bond. The applicant shall file an undertaking before the learned Magistrate that she will not effect any change of the colour/appearance and shall not transfer the ownership of the vehicle pending trial.
Revision Application stands disposed of accordingly.