Final Order 1

Order Details: Order Below EX 1
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE,
32ND COURT, BANDRA, MUMBAI.
Notice No. 80/N/2022.
C.R. No. 548/2021.
Nirmal Nagar Police Station.
MHMM180006672022
Mr. Ganesh Sunder Birajne … Applicant
V/s.
Sr. Inspector of Police,
(Nirmal Nagar Police Station) ...Respondent.
ORDER BELOW EXH1
This application is filed by the applicant namely Ganesh
Sunder Birajne for release of DJ (sound system) which is seized by the
Nirmal Nagar police station in connection with Crime No. 548/2021
registered with the Nirmal Nagar police station for the offence
punishable under section 188, 269, 270, 143, 145, 336, 341 I.P.C. &
section 37(1), 135, 51 B of Maharashtra Police Act and section 3
objectionable Establishment Act.
2) Say was called from I. O. and A.P.P. The I.O. has no
objection. He stated that above property is not seized in CR
No.548/2021 but the seizure entry of above property is taken into police
station diary. 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 verified copies of purchase invoices & xerox copies of FIR,
statement, Aadhar card alongwith his affidavit. Applicant has also filed
additional affidavit contending that he is the owner of Ganesh DJ sound.
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
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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 :
:: O R D E R	O R D E R ::
1] Application is allowed.
2] The seized muddemal property i.e. DJ (sound
system) be handed over to applicant on executing
indemnity bond of Rs.3,50,000/ (In words
rupees Three Lakhs Fifty 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 C.C.
No.1/SW/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 C.C.
No.1/SW/2022.
Date : 08.03.2022
ssl.
(Smt. A.M. Shah)
Metropolitan Magistrate,32nd Court,
Bandra, Mumbai.
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