Final Order 1

Order Details: Order Below EX 1
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE,
32ND COURT, BANDRA, MUMBAI.
Notice No. 257/N/2024.
C.R. No. 20/2024.
MHMM18-006179-2024
Kherwadi Police Station.
Parvej Alam Shaikh S/o. Shakeel … Applicant
V/s.
Sr. Inspector of Police,
(Kherwadi Police Station) ...Respondent.
ORDER PASSED BELOW EXH. 01
Ther application is filed by the applicant namely Parvej
Alam Shaikh S/o. Shakeel for release of Burgman street motorcycle
bearing registration No. MH-01-DW-8911 which is seized by the
Kherwadi Police Station in connection with Crime No.20/2024 registered
with the Kherwadi Police Station for the offence punishable under
section 279, 336 of I.P.C. and section 184 of M.V. Act.
2) I.O. has given his objection stating that the accused had
informed him a different name than his actual name. Ld. APP has
objected on the ground that said vehicle drove by the accused in rash
driving. They prayed for rejection.
3) In support of his contention regarding ownership, applicant
has filed on record verified copies of RC book and xerox copies of FIR,
statement, driving licence, fitness certificate, insurance and Aadhar card
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
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the investigation, which is to be disposed of as early as possible. Though
said vehicle is seized from accused, at this juncture no one except the
applicant has shown better title to the seized property. As per ther 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. Burgman
street motorcycle bearing registration
Number MH-01-DW-8911 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.20/2024.
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.20/2024.
Date : 21.06.2024
ssl.
(S.S. Parkhi)
Metropolitan Magistrate,32nd Court,
Bandra, Mumbai.
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