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/2022.
C.R. No. 309/2021.
Excise FSI Division
CNR No. MHMM180007612022
Samantsinh Khanji Jadeja … Applicant
V/s.
Sr. Inspector of Police,
(Excise FSI Division) ...Respondent.
ORDER PASSED BELOW EXH. 01
This application is filed by the applicant namely Samantsinh
Khanji Jadeja for release of Honda Motorcycle bearing registration No. MH
01RA7569 which is seized by the Excise FSI Division in connection with
Crime No.309/2021 registered with the Excise FSI Division for the offence
punishable under sections 65(A)(E) of the Bombay Prohibition Act, 1949.
2) Say was called from I. O. and A.P.P. They both strongly opposed
the said application and submitted that, vehicle claimed by the applicant was
used in the commission of offence and there is possibility of tampering of
evidence. Thus, they prayed for rejection of the application.
3) In support of his contention regarding ownership, applicant has
filed on record verified copies of R. C. Book, Aadhaar Card and xerox copy of
insurance certificate 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. Honda motorcycle
bearing registration No. MH01RA7569 be handed
over to applicant on executing indemnity bond of
Rs.1,00,000/ (In words rupees One Lakh only), in
the police station/Excise Division.
3] The applicant should undertake that she shall not
transfer, pledge or any other way alienate the said
muddemal till the final disposal of the Crime
No.309/2021.
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 her address
proof.
7] Said application is to be affixed with Crime
No.309/2021.
Date : 04.03.2022
ssl.
(Smt. A.M. Shah)
Metropolitan Magistrate,32nd Court,
Bandra, Mumbai.
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