Final Order 1

Order Details: Order Below EX 1
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE,
32ND COURT, BANDRA, MUMBAI.
Notice No. 924/N/2021.
C.R. No. 323/2021.
CNR No.MHMM180049082021
Kherwadi Police Station.
Mohd. Afzal Iqbal Ahmed Khan … Applicant
V/s.
Sr. Inspector of Police,
(Kherwadi Police Station) ...Respondent.
ORDER PASSED BELOW EXH. 01
This application is filed by the applicant namely Mohd. Afzal
Iqbal Ahmed Khan for release of Suzuki Access Motorcycle bearing
registration No.MH01DN4058 which is seized by the Kherwadi Police
Station in connection with Crime No.323/2021 registered with the Kherwadi
Police Station for the offence punishable under sections 279, 336 of I.P.C.
2) Say was called from I. O. and A.P.P. The I.O. has no objection.
The learned A.P.P. has an objection and submitted that, said motorcycle was
used in the commission of offence and it is essential at the time of trial. She
prayed for rejection of the application.
3) In support of his contention regarding ownership, applicant has
filed on record xerox copies of FIR, statement, chargesheet, insurance papers,
purchase invoice and verified copies of R.C.Book, Aadhaar Card and affidavit
cum NOC of accused 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. Suzuki Access
Motorcycle bearing registration No.MH01DN4058 be
handed over to applicant on executing indemnity bond of
Rs.90,000/ (In words rupees Ninety 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.323/2021.
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.323/2021.
Date : 22.11.2021
ssl.
(Smt. A.M. Shah)
Metropolitan Magistrate,32nd Court,
Bandra, Mumbai.
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