Final Order 1

Order Details: Order Below EX 1
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE,
32ND COURT, BANDRA, MUMBAI.
Notice No. 109/N/2023.
C.R. No. 71/2023.
Excise 'FSI' Division
CNR No.MHMM180018252023
Anil Baliram Gupta … Applicant
V/s.
Sr. Inspector of Police,
(Excise 'FSI' Division) ...Respondent.
ORDER PASSED BELOW EXH. 01
This application is filed by the applicant namely Anil
Baliram Gupta for release of autorickshaw bearing registration No.
MH03BY9318 which is seized by the Excise FSI Division in connection
with Crime No.71/2023 registered with the Excise FSI Division for the
offence punishable under sections 65(A)(E) of the Bombay Prohibition
Act, 1949.
2) APP & I.O. strongly opposed the said application on the
ground that, said vehicle is used in the commission of offence. They
prayed for rejection.
3) In support of his contention regarding ownership, applicant
has filed on record verified copies of RC Book, Aadhar card, fitness
certificate, permit and xerox copy of insurance certificate, power of
attorney and NOC of original owner of vehicle and his aadhar card
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
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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.MH03BY9318 be
handed over to applicant on executing indemnity
bond of Rs.5,00,000/ (In words Rupees Five
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.71/2023.
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.71/2023.
Date : 02.08.2023
ssl.
(Smt. A.M. Shah)
Metropolitan Magistrate,32nd Court,
Bandra, Mumbai.
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