Final Order 1

Order Details: Order Below EX 1
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE,
32ND COURT, BANDRA, MUMBAI.
Notice No. 193/N/2022.
C.R. No. 180/2022.
Kherwadi Police Station.
MHMM180022122022
Shamim Bano Mohd. Ayyub Shaikh … Applicant
V/s.
Sr. Inspector of Police,
(Kherwadi Police Station) ...Respondent
ORDER BELOW EXH1
This application is filed by the applicant namely Shamim
Bano Mohd. Ayyub Shaikh for release of TVS NTORQ 125 motorcycle
bearing registration No.MH02FC6615 which is seized by the Kherwadi
police station in connection with Crime No.180/2022 registered with the
said police station for the offence punishable under section 279, 336 of
I.P.C. and section 184 of M.V. Act.
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 her contention regarding ownership, applicant
has filed on record verified copies of RC Book, Aadhar card & xerox
copies of FIR, statement, affidavit cum NOC of accused – Shamim Bano
Mohd. Ayyub Shaikh alongwith her 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 :
-- 1 of 3 --
2
:: O R D E R	O R D E R ::
1] Application is allowed.
2] The seized muddemal property i.e. TVS NTORQ
125 motorcycle bearing registration No.MH02FC6615
be handed over to applicant on executing 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 she shall
not transfer, pledge or any other way alienate the said
muddemal till the final disposal of the Crime
No.180/2022.
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
her address proof.
7] Said application is to be affixed with Crime
No.180/2022.
Date : 26.04.2022
ssl.
(Smt. A.M. Shah)
Metropolitan Magistrate,32nd Court,
Bandra, Mumbai.
-- 2 of 3 --
-- 3 of 3 --