Final Order 1

Order Details: copy of Order
Pdf Text: 1 ORDER BELOW EXH.1
IN C.C. NO. 453/N/2026
CNR No. MHMM16-017941-2026
ORDER BELOW EXH.1 IN C.C. NO.453/N/2026
1] This is an application for return of property i.e., Two Wheeler
bearing registration No. MH-03-EZ-8871 seized by Excise Department, 'M’
Division, in C.R.No. 56/M/2026 dated 16.04.2026.
2] The say of I.O. and Learned A.P.P. have been called. Learned
A.P.P filed his say at (Exhibit-5) by contending that the aforesaid vehicle has
been used by the accused in commission of crime and thus, it is warranted
during trial. I.O. has failed to submit his report.
3] It is needless to say that at this juncture, there are allegations that
accused has used the said vehicle into the crime for want of trial. No doubt for
securing the attendance of the vehicle into the trial, stringent condition can be
imposed. The necessary documents regarding ownership and possession of the
vehicle filed by the applicant as per document (Exhibit-3) issued by R.T.O.
Mumbai (East)
4] The applicant is the registered owner of the vehicle and she has
submitted the relevant documents to that effect. The application is supported
by affidavit. Applicant is ready to abide all conditions imposed by the Court.
No purpose would be served in keeping the property in police station.
Considering the nature of property and submissions, I pass the following order
:-
ORDER
A] Application is allowed.
B] The interim custody of muddemal property i.e., Two Wheeler bearing
registration No. MH-03-EZ-8871 is granted in favour of applicant
namely Mrs. Reena Ajay Rajbhar.
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2 ORDER BELOW EXH.1
IN C.C. NO. 453/N/2026
CNR No. MHMM16-017941-2026
C] Applicant to execute indemnity bond of 1,50,000/- ( One Lakh Fifty	₹ ₹
Thousand Rupees Only).
D] Excise Department of 'M' Division is directed to hand over the
muddemal property after preparing panchanama and after taking
photographs of said muddemal property. Excise Department of 'M'
Division is directed to produce panchanama and photographs with the
case papers.
E] Applicant is directed not to sell, transfer or in any manner alienate the
muddemal property or change its nature without permission of the Court
till disposal of the case. Moreover, it is directed to the applicant not to
change the nature of vehicle by any manner till disposal of trial.
F] Applicant to produce the said vehicle whenever directed by the Court at
the time of trial.
(J. R. Mulani)
Judicial Magistrate First Class,
Date : 24.08.2026. 50th Court, Vikhroli, Mumbai.
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