Final Order 1

Order Details: Order Below EX 1
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE,
32ND COURT, BANDRA, MUMBAI.
Notice No.89/N/2020.
LAC No. 01/2020.
of Nirmal Nagar PS
CNR No.MHMM180004922020
Ahmed Kadar Shaikh … Applicant
V/s.
Sr. Inspector of Police,
(Excise 'FSI' Division) ...Respondent.
ORDER BELOW APPLICATION FOR RETURN OF PROPERTY
VIZ. TATA ACE XL BSIV TEMPO
By this application the applicant is seeking return of TATA
ACE tempo, bearing registration No. MH02ER2679 as quoted in the
application, being registered owner for the same. It is further submitted
that, the said vehicle was seized by Nirmal Nagar police station in the
alleged offence of Animal Protection Act. He is ready to produce the
said property whenever required till final disposal of case. The
application is supported by various documents such as copies of FIR,
Registration Certificate, insurance policy, Aadhar card, PAN card and
affidavit of applicant.
2. Accordingly say of Investigation Officer and APP was called.
Investigating officer has strongly opposed said application on the ground
that investigation is in progress and if said vehicle released in favour of
applicant, same will be used in similar offence. Whereas, APP has failed
to file say.
3. Heard argument, perused the record.
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4. Considering the reasons mentioned in application supported
by documents, it is evident that, the aforementioned vehicle may be
temporarily released in favor of the applicant, being entitled for the
same. Hence, upon imposing certain conditions the said vehicle may be
released in favor of applicant. Hence, the following order :
ORDER
1 The seized TATA ACE tempo, bearing registration No.
MH02ER2679 be released in favor of applicant viz.
Ahmed Kadar Shaikh on his furnishing indemnity
bond of र. 2,50,000/ and bank guarantee of र.
50,000/.
2 He shall produce the said vehicle 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 Copy to the concerned Excise Division for compliance
of this order.
Date : 12.02.2020
ssl.
(Sudhir N. Shinde)
Metropolitan Magistrate,32nd Court,
Bandra, Mumbai.
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