Final Order 1

Order Details: Order Below EX 1
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE,
32ND COURT, BANDRA, MUMBAI.
Notice No. 1003/N/2021.
C.R. No. 349/2021.
Kherwadi Police Station.
CNR No.MHMM180060002021
Mrs. Bhanuben Ganesh Devkar … Applicant
V/s.
Sr. Inspector of Police,
(Kherwadi Police Station) ...Respondent.
ORDER BELOW EXH1
This application is filed by the applicant namely Mrs.
Bhanuben Ganesh Devkar for release of auto rickshaw bearing
registration No.MH02EF7483 which is seized by the Kherwadi police
station in connection with Crime No.349/2021 registered with the
Kherwadi police station for the offence punishable under section 379 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 vehicle
used in the commission of crime and it is required at the time of trial.
She prayed for rejection.
3) In support of her contention regarding ownership, applicant
has filed on record certified copy of RC book by bank manger, Nagrik
Sahakari Bank Ltd., xerox copies of FIR, statement, insurance certificate,
permit & RTO papers and verified copies of Aadhar card, PAN card and
affidavit cum NOC of informant alongwith her 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
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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. auto rickshaw
bearing registration No. MH02EF7483 be handed
over to applicant on executing indemnity bond of Rs.
2,00,000/ (In words rupees Two Lakhs only), in the
police station.
3] The applicant should undertake that she shall
not transfer, pledge or any other way alienate the said
muddemal till the final disposal of the Crime
No.349/2021.
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 her
address proof.
7] Said application is to be affixed with Crime
No.349/2021.
Date : 20.12.2021
ssl.
(Smt. A.M. Shah)
Metropolitan Magistrate,32nd Court,
Bandra, Mumbai.
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