Final Order 1

Order Details: Order Below EX 1
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE,
32ND COURT, BANDRA, MUMBAI.
Notice No. 166/N/2024.
C.R. No. 251/2024.
MHMM18-004453-2024
Kherwadi Police Station.
Raju Tukaram Nawale … Applicant
V/s.
Sr. Inspector of Police,
(Kherwadi Police Station) ...Respondent.
ORDER PASSED BELOW EXH. 01
Ther application is filed by the applicant namely Raju
Tukaram Nawale for release of two electric scooter model namely, Lo-ev
& Tiranga Vyon, which are seized by the Kherwadi Police Station in
connection with Crime No.251/2024 registered with said Police Station
for the offence punishable under section 65(a)(e) of Bombay Prohibition
Act.
2) I.O. has no objection. Ld. APP filed his say and stated that
vehicles have seized during investigation and while transportation of
liquor. He prayed for rejection.
3) In support of his contention regarding ownership, applicant
has filed on record verified copies of tax invoices, Aadhar card and xerox
copies of 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
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the investigation, which is to be disposed of as early as possible. As per
ther ratio, said vehicles are 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. two electric
scooter model namely, Lo-ev & Tiranga Vyon be
handed over to applicant on executing indemnity
bond of Rs. 1,75,000/- (In words rupees One
Lakh Seventy Five 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.251/2024.
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.251/2024.
Date : 29.04.2024
ssl.
(Smt. A.M. Shah)
Metropolitan Magistrate,32nd Court,
Bandra, Mumbai.
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