APPLICATION UNDER SECTION 516-A CR.P.C



IN THE COURT OF SESSIONS JUDGE, HYDERABAD
Crl: Misc: Appln: No:__________of 2019

Meer Dost S/O Shangli Khan, By Caste Sabzoi, Adult, 
Muslim, R/O Bhittai Town House no. 306 Taluka 
Qasimabad District Hyderabad ----------------------------------------------------- Applicant/Owner.

VERSUS

The State--------------------------------------------------------------------------------Opponen                                                                                                                               Off: U/S 9 (c) CNS Act 1997
                                                                                                 Crime No.54/2021, P.S Nasim Nagar,
                                                                                                 District Hyderabad

APPLICATION UNDER SECTION 516-A CR.P.C.

                    It is prayed on behalf of the above named applicant/owner that this Honorable Court may graciously be pleased to restore the property viz a Motorcycle bearing Registration NO:SKW-7966, Chassis NO:AJ-581277 and Engine No:29113070, to its real owner/applicant on superdari till the final decision of matter, on the consideration of following facts and grounds:-

FACTS

                            On 30-08-2021, at 8;30 pm complainant SIP Manzoor Ahmed Laghari S.H.O of P.S Nasim Nagar lodged FIR on behalf of the state which is reproducing extensor as under:-

                          “On behalf of the state complaint is that today we along with subordinate staff everyone ASI Illahi Bux Mirani, ASI Adho Khan Lashari, PC Mohammad Azeem, PC Wazeer Ali dully armed with GOVT arms ammunition left P.S vide Entry No:24 at 0700 hours dated 30-08-2021 in a Private Vehicle. When they reached at Colony No:1 curve stopped their vehicle and started search of passerby vehicles. When at about 0730 hours a Motorcycle was coming from Colony No:1, seeing Police party he returned the Motorcycle. Police party due to strong opposition succeeded to apprehend the accused along with Motorcycle. That Police party due to suspicion they enquired him about his name and parental address who disclosed his name as Mohammad Siddique S/O Haji Jan Beg resident of Sheesi Goth Qasimabad, appointed ASI Illahi Bux and ASI Adho Khan as Mashir in their presence personal search of accused was made and secured a white shopper containing 2 pieces of Charas from right fold of his trouser, weighted the same the total weight of Charas became 1050 GMs complainant enquired him about the charas who disclosed that he sale the same and disclosed about Motorcycle that without documents and same was used in selling the Charas Accused has been arrested in a case U/S 9 C CNS by keeping Charas with him and Charas was sealed. Such Mashirnama in presence of above named Mashirs was prepared and signatures were obtained on it. Accused and property was brought at P.S where on behalf of the state lodged the FIR as stated above..

Detail of CHaras and property recovered from accused
1. A sealed white color Shopper containing 1050 Gms Charas in shape of pieces.
2. One motorcycle of CD-70 model 2010 registration No:SKW-7966 engine No:2911307, Chasis No:AJ-581277

                    Police after registration of case started investigation and submitted interim report in the court of law. 
                        Hence this application for restoration.

G R O U N D S.

1. That applicant is real owner of the property viz Motorcycle.

2. That there is no any other claimant of the property excepting present applicant/owner.

3. That property is machinery, which requires daily lubrication and maintenance, which is not possible at the premises where Van is standing under the open sky.

4. That property claimed by its real owner could be restored to him even on furnishing P.R Bond of the owner.

5. That applicant undertakes to produce the Van before this Honorable Court as and when required by this Honorable Court.

6. That nether the property was used in the commission of offence nor stolen property but the same is claiming by its real owner.

7. That title documents of the vehicle also stands in the name of present applicant.

8. That applicant crave leave of this Honorable Court to urge and plead further facts and grounds at the time of arguments.

9. That it will be in the greater interest of justice to allow this application.

HYDERABAD                                                                                                     (SAJID MIR)

DT:07.10.2021                                                                                         Advocate for applicant/owner.
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