Final Order 1

Order Details: Order Below EX 1
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE,
32ND COURT, BANDRA, MUMBAI.
Notice No. 149/N/2023.
C.R. No. 205/2023.
MHMM180026222023
Kherwadi Police Station.
Hamida Abdul Shaikh … Applicant
V/s.
Sr. Inspector of Police,
(Kherwadi Police Station) ...Respondent.
ORDER PASSED BELOW EXH. 01
The application is filed by the applicant namely Hamida
Abdul Shaikh for release of Access 125 Motorcycle bearing registration
No. MH04LG3762 which is seized by the Kherwadi Police Station in
connection with Crime No.205/2023 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 her contention regarding ownership, applicant
has filed on record verified copy of R.C.Book and xerox copies of
Aadhar card, insurance papers, FIR & statement 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
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ther 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. Access 125
Motorcycle bearing registration No. MH04LG
3762 be handed over to applicant on
executing indemnity bond of Rs. 1,50,000/
(In words rupees One Lakhs Fifty 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.205/2023.
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 her
address proof.
7] Said application is to be affixed with Crime
No.205/2023.
Date : 21.06.2023
ssl.
(Smt. A.M. Shah)
Metropolitan Magistrate,32nd Court,
Bandra, Mumbai.
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