Final Order 1

Order Details: Copy of Order - 1
Pdf Text: ORDER PASSED BELOW EXH. 1 IN C.C.No.1137/Misc/2026
(C.N.R.No.MHMM12-006988-2026)
1. Perused the application and documents filed along with it.
The application is supported by the affidavit of the applicant.
2. That the accused himself as an applicant and submitted that
he is the owner of the property i.e. Two Wheeler Suzuki Access 125,
bearing registration No.MH-01-DG-1846, Engine No.AF211837205,
worth of Rs.45,000/-. When he was arrested said vehicle was seized by
Nagpada police station and presently the said property is still lying with
police station, which was seized by police during investigtion. That the
Hon’ble Sessions Court released him on bail and presently he is on bail.
He is in dire need of his said motorcycle for his day to day use. That if
said bike is kept for longer time in police station it may cause damaged.
Hence, he prayed that his said property may kindly be returned to him on
any terms and conditions.
3. The investigating officer has filed his say and given no
objection to handover the seized property to the applicant. Ld. APP has
filed say and submitted that the accused himself is an applicant in the
present crime. That the applicant most satisfy this Court that the said
property is belongs to him and he is owner of the said property. That if
the said motorcyvle returned to him he may disposed of the said
motorcycle and it will be very difficult to produce said vehicle before this
Court for the proceedings as it being important evidence of prosecution.
Hence, prayed to reject the application of the applicant.
4. Perused the record. Heard Ld. APP and advocate for the
applicant.
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5. The applicant had filed the following documents.
1. Photocopy of F.I.R.
2. Verified copy of Certificate of Registration.
3. Vefified copy of Aadhar card of applicant.
6. On perusal of record, reply filed by the Investigating officer
and and Ld. APP, documents filed on record by the applicant i.e. list of
documents. It seems from the documents on record the applicant appears
to be owner of the seized property i.e. Two Wheeler Suzuki Access 125,
bearing registration No.MH-01-DG-1846, Engine No.AF211837205,
worth of Rs.45,000/- in crime No.36/2026 of Nagpada Police station. No
purpose would served in keeping the seized vehicle lying in the police
station unattended. The possibility of the damage the property can not be
ruled out if kept lying in the police station. The trial would not be
concluded in near future.
7. As the applicant has shown his ownership of seized property he is
entitled for the possession of the same. In the result following order is
passed.
O R D E R
1. The application is allowed.
2. The property namely i.e. Two Wheeler Suzuki Access
125, bearing registration No.MH-01-DG-1846, Engine
No.AF211837205, worth of Rs.45,000/- seized in crime No.
36/2026 of Nagpada Police station, Mumbai be handed over to
the applicant till the conclusion of the trial on the applicant Ali
Sher Mohd. Shafi Bagwan executing indemnity bond of
Rs.45,000/- at concern police station.
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--03-- C.C.No.1137/Misc/2026
3. The applicant to undertake that he shall not sell or
transfer the seized property of Nagpada Police station without
the prior permission of the court. The applicant to maintain
and preserve the property in all respects. The Investigating
Officer is directed to take photographs of the seized property
and submit the same along with chargesheet or police paper.
4. The applicant shall produced property in the court as
and when directed.
5. Issue writ to concern police station.
(Smt. S. R. Barge)
Judicial Magistrate (First Class),
Date :- 25/08/2026 69th Court Mazgaon, Mumbai
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