Final Order 1

Order Details: Order Below EX 1
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE,
32ND COURT, BANDRA, MUMBAI.
Notice No. 103/N/2022.
C.R. No. 54/2021.
Excise 'M' Division
CNR No.MHMM180010042022
Shiv Sagar Rammani Mishra … Applicant
V/s.
Sr. Inspector of Police,
(Excise 'M' Division) ...Respondent.
ORDER PASSED BELOW EXH. 01
This application is filed by the applicant namely Shiv Sagar
Rammani Mishra for release of autorickshaw bearing registration
No.MH47D7906 which is seized by the Excise M Division in
connection with Crime No.54/2021 registered with the Excise 'M'
Division for the offence punishable under sections 65(A)(E), 81, 83 of
the Bombay Prohibition Act, 1949.
2) Say was called from I. O. and A.P.P. They both have strongly
opposed the said application and submitted that, the 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.
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3) In support of his contention regarding ownership, applicant
has filed on record verified copies of R.C.Book, Aadhar card, driving
licence and xerox copies of FIR, remand report & hypothecation
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.
:: O R D E R	O R D E R ::
1] Application is allowed.
2] The seized muddemal property i.e. autorickshaw
bearing registration No. MH47D7906 be handed over
to applicant on executing indemnity bond of
Rs.2,00,000/ (In words rupees Two Lakhs only), in the
police station/Excise Division.
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.54/2021.
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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.54/2021.
Date : 22.03.2022
ssl.
(Smt. A.M. Shah)
Metropolitan Magistrate,32nd Court,
Bandra, Mumbai.
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