Final Order 1

Order Details: Order Below EX 1
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE,
32ND COURT, BANDRA, MUMBAI.
Notice No. 184/N/2023.
C.R. No. 206/2023.
CNR No.MHMM180030612023
Kherwadi Police Station.
Kamarjahan Tajuddin Shaikh … Applicant
V/s.
Sr. Inspector of Police,
(Kherwadi Police Station) ...Respondent.
ORDER PASSED BELOW EXH. 01
This application is filed by the applicant namely
Kamarjahan Tajuddin Shaikh for release of Suzuki Bergman Street
Motorcycle bearing registration No.MH04KY3547 which is seized by
the Kherwadi Police Station in connection with Crime No.206/2023
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 copies of R.C.Book, Aadhar card and xerox
copy of insurance papers and certified copies of 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
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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. Suzuki
Bergman Street Motorcycle bearing registration
No. MH04KY3547 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 she shall
not transfer, pledge or any other way alienate
the said muddemal till the final disposal of the
Crime No.206/2023.
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.206/2023.
Date : 08.06.2023
ssl.
(Smt. A.M. Shah)
Metropolitan Magistrate,32nd Court,
Bandra, Mumbai.
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