Final Order 1

Order Details: Order Below EX 1
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE,
32ND COURT, BANDRA, MUMBAI.
Notice No. 266/N/2023.
C.R. No. 206/2023.
MHMM18-004139-2023
Kherwadi Police Station.
Ameer Habib 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 Ameer
Habib Shaikh for release of TVS Motorcycle bearing registration No.
MH04LA6728 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) I. O. has given his no objection. Ld. A.P.P. prayed for
appropriate order.
3) In support of his contention regarding ownership, applicant
has filed on record verified copies of R.C.Book and xerox copies of
Aadhar card, FIR & statement alongwith his affidavit.
4) In the matter of Sunderbh MH04LA6728 ai 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 the ratio, said vehicle is returned to the applicant.
Under such circumstances, I pass following order.
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:: O R D E R	O R D E R ::
1] Application is allowed.
2] The seized muddemal property i.e. TVS
Motorcycle bearing registration No.
MH04LA6728 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.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 his
address proof.
7] Said application is to be affixed with Crime
No.206/2023.
Date : 02.08.2023
ssl.
(Smt. A.M. Shah)
Metropolitan Magistrate,32nd Court,
Bandra, Mumbai.
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