Final Order 1

Order Details: Order Below EX 1
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE,
32ND COURT, BANDRA, MUMBAI.
Notice No. 987/N/2021.
C.R. No. 124/2021.
Kherwadi Police Station.
MHMM180058592021
Mr. Rajkumar Bhola Chaurasiya … Applicant
V/s.
Sr. Inspector of Police,
(Kherwadi Police Station) ...Respondent.
ORDER BELOW EXH1
This application is filed by the applicant namely Rajkumar
Bhola Chaurasiya for release of scooter bearing registration No.MH01
DU5079 which is seized by the Kherwadi police station in connection
with Crime No.124/2021 registered with the Kherwadi police station for
the offence punishable under section 457, 379, 380, 201 of I.P.C.
2) Say was called from I. O. and A.P.P. The I.O. has no
objection. The Ld. APP has an objection and submitted that said
muddemal is required at the time of trial. She prayed for rejection.
3) In support of his contention regarding ownership, applicant
has filed on verified copies of Aadhar Card, driving licence, RC Book and
xerox copies of insurance certificate, FIR & statement alongwith his
affidavit.
4) In the matter of Sunderbhai Ambalal Desai V/s. State of
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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. scooter
bearing registration No.MH01DU5079 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.124/2021.
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.
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6] The applicant is also directed to produce
his address proof.
7] Said application is to be affixed with Crime
No.124/2021.
Date : 03.12.2021
(Smt. A.M. Shah)
Metropolitan Magistrate,32nd Court,
Bandra, Mumbai.
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