Final Order 1

Order Details: Order Below EX 1
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE,
32ND COURT, BANDRA, MUMBAI.
Notice No. 136/N/2023.
C.R. No. 204/2023.
CNR No.MHMM180024272023
Kherwadi Police Station.
Khatal Ahmed Ali Madar Shah … Applicant
V/s.
Sr. Inspector of Police,
(Kherwadi Police Station) ...Respondent.
ORDER PASSED BELOW EXH. 01
This application is filed by the applicant namely Khatal
Ahmed Ali Madar Shah for release of Activa 6G DLX Motorcycle bearing
registration No.MH02FW1407 which is seized by the Kherwadi Police
Station in connection with Crime No.204/2023 registered with the
Kherwadi Police Station for the offence punishable under sections 279,
336 of I.P.C. and 4(a), 5 Gambling Act.
2) Say was called from I. O. and A.P.P. They both objected
and submitted that, said motorcycle was used in the commission of
offence and it is essential at the time of trial. 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, Aadhar card and xerox
copies of insurance papers, FIR & statement 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. Activa 6G
DLX Motorcycle bearing registration No.
MH02FW1407 be handed over to applicant on
executing indemnity bond of Rs.2,00,000/ (In
words rupees Two Lakhs 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 the
Crime No.204/2023.
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.204/2023.
Date : 03.06.2023
ssl.
(Smt. A.M. Shah)
Metropolitan Magistrate,32nd Court,
Bandra, Mumbai.
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