Final Order 1

Order Details: Order Below EX 1
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE,
32ND COURT, BANDRA, MUMBAI.
Notice No. 277/N/2023.
C.R. No. 206/2023.
MHMM180042832023
Kherwadi Police Station.
Rajkumar Umashankar Kanaujiya … Applicant
V/s.
Sr. Inspector of Police,
(Kherwadi Police Station) ...Respondent.
ORDER PASSED BELOW EXH. 01
The application is filed by the applicant namely Rajkumar
Umashankar Kanaujiya for release of Pulsar NS 125 Motorcycle bearing
registration No. MH04LC6095 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 given his no
objection. Ld. APP objected and submitted that, said motorcycle was
used in the commission of offence and it is essential at the time of trial.
He prayed for rejection.
3) In support of his contention regarding ownership, applicant
has filed on record verified copies of R.C.Book, Aadhar card and xerox
copies of insurance papers, FIR & statement 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
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their 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. Pulsar NS
125 Motorcycle bearing registration No. MH
04LC6095 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 : 04.08.2023
ssl.
(Smt. A.M. Shah)
Metropolitan Magistrate,32nd Court,
Bandra, Mumbai.
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