Final Order 1

Order Details: Copy of Order - 1
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IN THE COURT OF JUDICIAL MAGISTRATE (FIRST CLASS),
15TH COURT, KALACHOWKI, MUMBAI.
C. C. No. 1501242/Misc/2025
C. R. No.72/2025
Kalachowki Police Station, Mumbai.
ORDER ON APPLICATION FOR RETURN OF PROPERTY
1] The present application is filed by the applicant viz. Mohsin
Muqtar Ali Sayyed requesting for return of seized property.
2] The applicant in the present application stated that in FIR
No.72/2025, police have seized Motor vehicle Tata Intra V10 AC
bearing registration No. MH-03-CV-8030 which belonged to him. He
requested to return the said seized property to him on execution of
necessary bond. He undertakes to produce the said vehicle as and when
required by the Court. To support his contention, he has filed on record
his affidavit, copy of FIR, Adhar Card and RC Book.
3] Say of APP, Investigating Officer and accused was called.
4] Investigating Officer and Ld. APP have given no objection
to release the seized property to the applicant by imposing certain terms
and conditions. The accused Saif Mohamed Ismail Shaikh appeared
before the Court and has also filed his No Objection to return the seized
vehicle to the applicant.
5] Heard. Perused the record and say filed by Ld. APP and
Investigating Officer and accused.
6] On perusal of documents, it appears that the applicant is
registered owner of the seized property i.e. Motor vehicle Tata Intra V10
AC bearing registration No. MH-03-CV-8030. Nobody else has claimed
the custody of seized vehicle except applicant. Hence, considering the
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facts and circumstances, I think no prejudice will be caused to the
prosecution if the said seized property is returned to the applicant by
imposing certain terms and conditions. Hence, I proceed to pass the
following order:-
O R D E R
i. The applicant's prayer for return of property is hereby allowed.
ii. The applicant is directed to execute Supurtanama bond of
Rs.2,50,000/- (Rupees Two Lakh Fifty Thousand Only) before P.I.
of concerned police station.
iii. The applicant is further directed to produce the said muddemal as
and when required by the Court during the pendency of trial and
not to change its nature, not to sell or exchange till final disposal
of the case.
iv. Investigating Officer is directed to file Supurtanama bond and
take photographs of the muddemal and submit it in the Court
alongwith charge-sheet.
v. Applicant shall not use the vehicle for commission of any offence.
Sd/-
( S. D. Panjwani )
Judicial Magistrate (First Class),
Date :- 02.08.2025 15th Court, Mazgaon, Mumbai.
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