Final Order 1

Order Details: Order Below EX 1
Pdf Text: IN THE COURT OF JUDICIAL MAGISTRATE (FIRST CLASS),
32ND COURT, BANDRA, MUMBAI.
Notice No. 169/N/2025.
C.R. No. 55/2025.
Excise FS-I Division, Mumbai.
MHMM18-003519-2025
Md. Nizam Uddin … Applicant
V/s.
Sr. Inspector of Police,
(Excise FS-I Division) ...Respondent.
ORDER BELOW EXH-1
This application is filed by the applicant namely Md. Nizam
Uddin for release of Tata Motors, Ace HT Plus Tempo bearing registration
No. MH-04-LY-5220 which is seized by the Excise FS-I Division in
connection with Crime No. 55/2025 registered with the said police
station for the offence punishable under section 65(E) Maharashtra
Prohibition Act.
2) IO and APP filed their say. They both objected and
submitted that there are chances of repetition of offence and commission
of similar another offence. As such, they both prayed for rejection.
3) In support of his contention regarding ownership, applicant
has filed on record verified copies of R.C. Book, insurance and Aadhar
card, RTO, PAN card 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
the investigation, which is to be disposed of as early as possible. As per
this ratio, said vehicle is returned to the applicant. Though said vehicle is
seized from accused, at this juncture no one except the applicant has
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vehicle shown better title to the seized property. Under such
circumstances, pass following order :-
-:	-: O R D E R	O R D E R :-	:-
1] Application is allowed.
2] The seized muddemal property i.e. Tata Motors,
Ace HT Plus Tempo bearing registration No.
MH-04-LY-5220 be handed over to applicant on
executing indemnity bond of Rs.15,00,000/-
(In words rupees Fifteen Lakh 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. 55/2025.
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. 55/2025.
Date : 11.04.2025
ssl.
(S.S. Parkhi)
Judicial Magistrate (First Class),
32nd Court, Bandra, Mumbai.
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