Final Order 1

Order Details: Order Below EX 1
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE,
32ND COURT, BANDRA, MUMBAI.
Notice No. 975/N/2021.
C.R. No. 240/2021.
Excise FS II Division
CNR No.MHMM180057132021
Perumal Kaliyan … Applicant
V/s.
Sr. Inspector of Police,
(Excise FS II Division) ...Respondent.
ORDER PASSED BELOW EXH. 01
This application is filed by the applicant namely Perumal
Kaliyan for release of Honda Activa motorcycle bearing registration No. MH
47BA5987 which is seized by the Excise FSII Division in connection with
Crime No.240/2021 registered with the Excise FSII Division for the offence
punishable under sections 65(A)(E), 12 (C), 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 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 xerox copy of insurance certificate and verified copies of
Aadhaar Card, RC book 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
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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. MH47BA5987 be
handed over to applicant on executing indemnity bond of
Rs.90,000/ (In words rupees Ninety Thousand Lac 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.240/2021.
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.240/2021.
Date : 27.11.2021
ssl.
(Smt. A.M. Shah)
Metropolitan Magistrate,32nd Court,
Bandra, Mumbai.
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