Final Order 1

Order Details: Order Below EX 1
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE,
32ND COURT, BANDRA, MUMBAI.
Notice No. 42/N/2021.
C.R. No. 27/2020.
Excise 'L' Division
CNR No.MHMM180002502021
Vijay Housi Parmar … Applicant
V/s.
Sr. Inspector of Police,
(Excise 'L' Division) ...Respondent.
ORDER BELOW APPLICATION FOR RETURN OF PROPERTY
1. This is an application vide section 451 of Cr.P.C. for return
of seized Honda Activa motorcycle bearing No. MH01DD2493.
2. Perused application, say of excise department. Heard.
3. Applicant sought custody of said motorcycle being in
requirement thereof, claiming that he is bonafide owner of the said
motorcycle and ready to abide by conditions imposed, if any.
4. Perused affidavit of the applicant. As per Section 98 of the
Bombay Prohibition Act, this motorcycle is liable for confiscation. As per
section 99 of the said Act other than intoxicants, hemp mhowra flowers
or molasses anything liable for confiscation can be returned to the
bonafide owners, if such owner pay fine instead of confiscation. The
vehicle therefore can be returned presuming that the applicant is
bonafide owner. Time is required for trial. If the vehicle kept in a
custody, same will be junked and become worthless.
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5. The excise department opposed the application claiming
that property is liable for confiscation. There is possibility of repetition of
crime by use of same vehicle. It affects revenue of Government.
Investigation is pending.
6. In case of Jilani Nasruddin Gore Vs. State of
Maharashtra; 2005 (3) Mah.LJ 1058; the Hon'ble Bombay High court
considered the Precedents on law of return of property and imposing
bank guarantee and confirmed the order of bank guarantee of Rs.1 Lacs
i.e. around 50% of the value of vehicle seized. As such, if the vehicle is
to be released the condition of bank guarantee is to be imposed upto
50% value of the vehicle to secure the vehicle for confiscation
proceedings, if required.
7. The applicant alongwith his affidavit filed on record the
copy of registration of vehicle & insurance certificate.
8. Perusal of documents, the applicant being primafacie shown
to be a bonafide owner entitled for interim custody. The value of the
seized motorcycle is approximately Rs.50,000/. Therefore, the bank
guarantee of Rs.25,000/ has to be imposed alongwith indemnity bond
of Rs.25,000/. In view of this, the application is allowed in following
terms :
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ORDER
1 The seized Honda motorcycle bearing No. MH01DD
2493 be released in favor of applicant viz. Vijay Housi
Parmar on his furnishing indemnity bond of र. 25,000/
and bank guarantee of Rs.25,000/.
2 He shall produce the said motorcycle as and when
required by the Court.
3 Investigation Officer shall obtain photographs of seized
vehicle from all angles for its proper identification in
future and prepared panchanama, which shall be the part
of chargesheet. The photographs and panchanama shall
be countersigned by the applicant/accused.
4 Investigating officer to verify engine and chasis number
before release of the vehicle.
5 Copy to the concerned Excise Division for compliance of
this order.
Date : 01.02.2021
ssl.
(Sudhir N. Shinde)
Metropolitan Magistrate, 32nd Court,
Bandra, Mumbai.
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