Final Order 2

Order Details: Order Below EX 1
Pdf Text: IN THE COURT OF JUDICIAL MAGISTRATE (FIRST CLASS),
32ND COURT, BANDRA, MUMBAI.
Notice No. 212/N/2025.
C.R. No. 24/2025.
Kherwadi Police Station.
MHMM18-004448-2025
Habibul Yasin Shaikh … Applicant
V/s.
Sr. Inspector of Police,
(Kherwadi Police Station) ...Respondent.
ORDER BELOW EXH-1
This application is filed by the applicant namely Habibul
Yasin Shaikh for release of Motorcycle bearing registration No. MH-03-
EJ-6525 which is seized by the Kherwadi police station in connection
with Crime No. 24/2025 registered with the said police station.
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 verified copies of RC Book, Aadhar card, Driving Licence,
PAN card and copy of FIR, statement, PUC certificate, insurance
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
downcertain guidelines as to the property which is seized by the police
during the investigation, which is to be disposed of as early as possible.
At this juncture no one except the applicant has shown better title to the
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seized property. As per this ratio, said vehicle is returned to the
applicant. 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. Motorcycle
bearing registration No. MH-03-EJ-6525 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 he shall not
transfer, pledge or any other way alienate the
said muddemal till the final disposal of the
Crime No.24/2025.
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.24/2025.
Date : 23.05.2025
ssl.
(S.S. Parkhi)
Judicial Magistrate (First Class),
32nd Court, Bandra, Mumbai.
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