Final Order 1

Order Details: Order below Ex-1
Pdf Text: IN THE COURT OF JUDICIAL MAGISTRATE (FIRST CLASS)
51ST COURT, KURLA, MUMBAI.
C. C. No.5102977/MISC/2025
CNR NO. MHMM13-027380-2025
Mr. Vijay Nanubhai Jindani
VERSUS
STATE OF MAHARASHTRA
(THROUGH KURLA POLICE STATION)
Order Below Exh.1
(Passed on 12th January, 2026)
1] Perused the application and the documents filed along
with it. The application is supported by the affidavit of the applicant.
2] Ld APP filed say with contention that there is difference
between Chasis and Engine number in application and Insurance papers
filed by the applicant. I.O. has filed say Exh.04 and he has no objection
to return the said property to the applicant on certain terms and
conditions. The accused has filed his say at Exh.06 with contention that
he as no objection to return vehicle and amount of Rs.50,000/- to the
applicant.
3] The applicant in support of his contention has filed on
record certain documents i.e. xerox copy of FIR, R.C. Book, Driving
licence, Insurance papers and Aadhar card etc.
4] From the above documents, it appears that the police
seized black colour INNOVA car of Toyota company bearing registration
No.MH-04-DF-8585 and cash amount of Rs.50,000/- (against scrapping
of Suzuki Dzire bearing registration no.MH-02-BP-2461) in C. R.
No.683/2025 and the same is lying at Kurla police station. The offence
punishable under Section 316 (2) of BNS is registered against accused
and muddemal property is seized from the custody of accused. Also,
the accused has no objection to return said property to the applicant.
Therefore, it is clear that, till date nobody except the applicant come
before the court to claim in respect of the seized property. FIR is
registered at the instance of the applicant. Also, it appears that the
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applicant is register owner of the said motor vehicle bearing registration
No.MH-04-DF-8585. The Investigating Officer has no objection to
handover the said property to the applicant on certain terms and
conditions. Hence, no purpose will be served by keeping the seized
property at police station premises. Hence, order:
O R D E R
1. Application is allowed.
2. The seized property black colour INNOVA car of Toyota
company bearing registration No.MH-04-DF-8585 and cash
amount of Rs.50,000/- be handed over to the applicant Mr.
Vijay Nanubhai Jindani till the conclusion of the trial on his
executing indemnity bond of Rs.3,50,000/-(Rupees Three lacs
fifty thousand only) on following terms and conditions.
A] The applicant shall not transfer, alienate or change the
nature of said vehicle till the conclusion of trial.
B] The applicant to undertake that, he shall produce the seized
property in the Court as and when directed by this Court,
Appellate Court or Revisional Court.
3. The seized property be released after verifying documents.
4. The applicant to execute Indemnity Bond before the concerned
Investigation Officer/PSO.
5. The Investigation Officer/PSO is directed to submit Indemnity
Bond and photo along with charge sheet of C. R. No.683/2025.
6. Issue letter to Kurla Police Station accordingly.
sd/-
(S.M.Gourgond)
Judicial Magistrate (First Class),
Date :-12.01.2026 51st Court, Kurla, Mumbai.
ssm/-
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