Final Order 1

Order Details: Order Below EX 1
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE,
32ND COURT, BANDRA, MUMBAI.
Notice No. 925/N/2021.
C.R. No. 102/2021.
Excise FSII Division
CNR No.MHMM180049122021
Sunil Arjun Parmar … Applicant
V/s.
Sr. Inspector of Police,
(Excise FSII Division) ...Respondent.
ORDER PASSED BELOW EXH. 01
This application is filed by the applicants namely Sunil Arjun
Parmar for release of Honda motorcycle bearing registration No.MH01
DM6949 which is seized by the Excise FSII Division in connection with
Crime No.102/2021 registered with the Excise FSII Division for the
offence punishable under sections 65(E)(A)(B)(C)(D), 81, 83, 90 of the
Bombay Prohibition Act, 1949.
2) Say was called from I. O. and A.P.P. They both strongly
opposed the said application and submitted that, vehicle was used in
the commission of offence and there is possibility of tampering of
evidence. They prayed for rejection.
3) In support of his contention regarding ownership, applicant
has filed on record verified copies of R.C. Book & Aadhaar Card and
xerox copy of insurance alongwith his affidavit.
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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.
:: O R D E R	O R D E R ::
1] Application is allowed.
2] The seized muddemal property i.e. Honda Activa
motorcycle bearing registration No. MH01DM6949 be
handed over to applicant on executing indemnity bond
of Rs.1,00,000/ (In words rupees One Lakh 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.102/2021.
4] The applicant is also directed to produce
the said muddemal property as and when ordered to do
so.
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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.102/2021.
Date : 16.03.2022
ssl.
(Smt. A.M. Shah)
Metropolitan Magistrate,32nd Court,
Bandra, Mumbai.
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