Final Order 1

Order Details: Order Below EX 1
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE,
32ND COURT, BANDRA, MUMBAI.
Notice No. 187/N/2024.
C.R. No. 16/2024.
Excise 'P' Division
MHMM18-004728-2024
Mahesh Prabhakar Gaikwad … Applicant
V/s.
Sr. Inspector of Police,
(Excise 'P' Division) ...Respondent.
ORDER PASSED BELOW EXH. 01
This application is filed by the applicant namely Mahesh
Prabhakar Gaikwad for release of Mahindra & Mahindra Bolero bearing
registration No.MH-02-FG-4054 which is seized by the Excise P Division
in connection with Crime No.16/2024 registered with the said Excise
Division for the offence punishable under sections 65(A), 81, 83 of the
Bombay Prohibition Act, 1949.
2) Say was called from I. O. and A.P.P. They both strongly
opposed said application and submitted that, said vehicle used in the
commission of transportation of liquor and if returned to the applicant,
the applicant may change it's nature or use again in commission of
offence. They both prayed for rejection.
3) In support of his contention regarding ownership, applicant
has filed on verified copies of record RC book, Aadhar card, fitness
certificate and xerox copy of insurance papers, invoice 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. 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. Mahindra &
Mahindra Bolero bearing registration No.
MH-02-FG-4054 be handed over to applicant
on executing indemnity bond of Rs.18,00,000/-
(In words rupees Eighteen Lakhs only), in the
police station/Excise Division.
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.16/2024.
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.16/2024.
Date : 07.05.2024
ssl.
(Smt. A.M. Shah)
Metropolitan Magistrate,32nd Court,
Bandra, Mumbai.
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