Final Order 1

Order Details: Order Below EX 1
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE,
32ND COURT, BANDRA, MUMBAI.
Notice No. 337/N/2023.
C.R. No. 195/2023.
Excise FSI Division
CNR No. MHMM18-005653-2023
Ramvilas Tilak Yadav … Applicant
V/s.
Sr. Inspector of Police,
(Excise FS-I Division) ...Respondent.
ORDER PASSED BELOW EXH. 01
This application is filed by the applicant namely Ramvilas Tilak
Yadav for release of Four Wheeler Vehicle bearing registration No. MH-48-BM-
0578 which is seized by the Excise FS-I Division in connection with Crime
No.195/2023 registered with said Excise Division for the offence punishable
under sections 65(A)(E) 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 claimed by the applicant was
used in the commission of offence and there is possibility of tampering of
evidence. Thus, they prayed for rejection of the application.
3) In support of his contention regarding ownership, applicant has
filed on record verified copies of R. C. Book, Aadhar Card and xerox copy of
insurance certificate and filed undertaking to produce fitness certificate
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.
-- 1 of 2 --
-2-
-:	-: O R D E R	O R D E R :-	:-
1] Application is allowed.
2] The seized muddemal property i.e. Four Wheeler
Vehicle bearing registration No.MH-48-BM-0578 be
handed over to applicant on executing indemnity
bond of Rs.5,00,000/- (In words rupees Five 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.195/2023.
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.195/2023.
Date : 29.09.2023
ssl.
(Smt. A.M. Shah)
Metropolitan Magistrate,32nd Court,
Bandra, Mumbai.
-- 2 of 2 --