DNYANESHWAR @ MAULI ANANDA RASAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable with consent of the parties and heard finally.

(2.) This application is filed aggrieved by the order dated 3rd July 2018 passed by the learned Special Judge under M.C.O.C. Act 1999 for District Nashik below Exhibit 37 in M.C.O.C. Special Case No. 02 of 2017 thereby rejecting the application filed by the appellant praying for return of property viz. Scorpio Jeep bearing NO. MH-12 JZ- 3954 owned by the appellant.

(3.) The applicant abovenamed along with others is prosecuted at the instance of Parner Police Station vide C.R. No. I-19 of 2017 and charged with commission of offences punishable under Sections 143, 147, 148, 149, 109, 212, 465, 468, 201 of the Indian Penal Code and Sections 3/25, 4/25, 27 of the Indian Arms Act. The applicant was shown arrested on 22nd January 2017 and other coaccused were also arrested in the said crime. On 17th May 2017 the concerned Investigating Officer seized Mahindra Scorpio vehicle owned by the applicantAccused No. 2 under Panchnama. Upon completion of investigation, charge sheet was filed and case of the applicant is pending before the learned Special Judge. The applicant preferred application for return of the aforesaid vehicle as the investigation is over and vehicle is lying in open space. The learned Special Judge rejected the said application on the ground that the applicant is in custody. Hence this application.