Final Order 1

Order Details: Order Below EX 1
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE,
32ND COURT, BANDRA, MUMBAI.
Notice No. 63/N/2022.
C.R. No. 479/2021.
Kherwadi Police Station.
MHMM180005152022
Azimuddin Abdul Hai Khan … Applicant
V/s.
Sr. Inspector of Police,
(Kherwadi Police Station) ...Respondent
ORDER BELOW EXH1
This application is filed by the applicant namely Azimuddin
Abdul Hai Khan for release of Bajaj KTM 200 Duke motorcycle bearing
registration No.MH03CX0262 which is seized by the Kherwadi police
station in connection with Crime No.479/2021 registered with the
Kherwadi police station for the offence punishable under section 379
r/w 34 of I.P.C.
2) Say was called from I. O. and A.P.P. The I.O. has no
objection. The Ld. APP has an objection and submitted that said
muddemal is required at the time of trial. She prayed for rejection.
3) In support of his contention regarding ownership, applicant
has filed on record verified copies of RC Book & xerox copies of FIR,
statement, affidavit cum NOC of original complainant Sagar Sunil Pujari
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
this ratio, said vehicle is returned to the applicant. Under such
circumstances, I pass following order :
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:: O R D E R	O R D E R ::
1] Application is allowed.
2] The seized muddemal property i.e. Bajaj KTM
200 Duke motorcycle bearing registration No.MH03
CX0262 be handed over to applicant on execu ting
indemnity bond of Rs.1,20,000/ (In words rupees One
Lakh Twenty Thousand 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.479/2021.
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.479/2021.
Date : 22.02.2022
ssl.
(Smt. A.M. Shah)
Metropolitan Magistrate,32nd Court,
Bandra, Mumbai.
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