Final Order 1

Order Details: Order Below EX 1
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE,
32ND COURT, BANDRA, MUMBAI.
Notice No. 22/N/2023.
C.R. No. 1216/2022.
Nirmal Nagar Police Station.
MHMM18-000274-2023
Irfan Rashid Shaikh … Applicant
V/s.
Sr. Inspector of Police,
(Nirmal Nagar Police Station) ...Respondent.
ORDER BELOW EXH1
This application is filed by the applicant namely Irfan
Rashid Shaikh for release of tempo bearing registration No.MH04JU
6138 which is seized by the Nirmal Nagar police station in connection
with Crime No.1216/2022 registered with the said police station for the
offence punishable under section 5, 5(a), 6, 6(2)(a), 9, 11 of
Maharashtra Animal Protection Act and section 11(a), (d), (h),(i) of
Animal Cruelty Act.
2) IO and APP have objected the application on the ground
that, said vehicle used in the commission of offence and it is required at
the time of trial. They both prayed for rejection.
3) In support of his contention regarding ownership, applicant
has filed on record verified copies of RC Book, fitness certificate, Aadhar
card & xerox copies of insurance, FIR & statement alongwith his
affidavit.
4) In the matter of Sunderbhai Ambalal Desai V/s. State of
Gujrath, AIR 2003, SC 638 the Hon'ble Supreme Court has laid down
certain guidelines as to the property which is seized by the police during
the investigation, which is to be disposed of as early as possible. As per
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this ratio, said vehicle is returned to the applicant. Under such
circumstances, I pass following order :
:: O R D E R	O R D E R ::
1] Application is allowed.
2] The seized muddemal property i.e. Tempo
bearing registration No.MH04JU6138 be
handed over to applicant on executing indemnity
bond of Rs.10,00,000/ (In words rupees Ten
Lakhs only), in the police station.
3] The applicant should undertake that he shall not
transfer, pledge or any other way alienate the
said muddemal till the final disposal of the
Crime No.1216/2022.
4] The applicant is also directed to produce the said
muddemal property as and when ordered to do
so.
5] The I.O. is directed to draw the proper
panchanama and take out two photographs of
the muddemal property in order to establish the
identity for identification and evidence.
6] The applicant is also directed to produce his
address proof.
7] Said application is to be affixed with Crime
No.1216/2022.
Date : 07.02.2023
ssl.
(Smt. A.M. Shah)
Metropolitan Magistrate,32nd Court,
Bandra, Mumbai.
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