Final Order 1

Order Details: Order Below EX 1
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE,
32ND COURT, BANDRA, MUMBAI.
Notice No. 204/N/2023.
C.R. No. 206/2023.
MHMM180034072023
Kherwadi Police Station.
Shabana Raees Shaikh … Applicant
V/s.
Sr. Inspector of Police,
(Kherwadi Police Station) ...Respondent.
ORDER PASSED BELOW EXH. 01
Ther application is filed by the applicant namely Shabana
Raees Shaikh for release of New Deo STD Motorcycle bearing
registration No. MH02FD7146 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. I.O. has no objection.
But, Ld. APP submitted that, said motorcycle was used in the
commission of offence and it is essential at the time of trial. She 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, driving licence, tax invoice, 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
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the investigation, which is to be disposed of as early as possible. As per
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. New Deo
STD Motorcycle bearing registration No.
MH02FD7146 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.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 : 21.06.2023
ssl.
(Smt. A.M. Shah)
Metropolitan Magistrate,32nd Court,
Bandra, Mumbai.
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