Final Order 1

Order Details: Order Below EX 1
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE,
32ND COURT, BANDRA, MUMBAI.
Notice No. 360/N/2023.
C.R. No. 1028/2022.
Nirmal Nagar Police Station.
Samsher Fayaz Khan … Applicant
V/s.
Sr. Inspector of Police,
(Nirmal Nagar Police Station) ...Respondent.
ORDER BELOW EXH-1
This application is filed by the applicant namely Samsher
Fayaz Khan for release of Suzuki Accesss motorcycle bearing registration
No.MH-02-EY-4854 which is seized by the Nirmal Nagar police station in
connection with Crime No.1028/2022 registered with the said police
station for the offence punishable under section 379 of I.P.C.
2) Say was called from I. O. and A.P.P. I.O. given his no
objection. Ld. APP objected application on the ground that said vehicle is
used in the commission of offence and it is required at the time of trial.
He prayed for rejection.
3) In support of his contention regarding ownership, applicant
has filed on verified copies of RC Book, Aadhar card & xerox copies of
FIR, statement & insurance 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 :-
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-:	-: O R D E R	O R D E R :-	:-
1] Application is allowed.
2] The seized muddemal property i.e. Suzuki
Accesss motorcycle bearing registration No.
MH-02-EY-4854 be handed over to applicant on
executing indemnity bond of Rs.1,90,000/- (In
words rupees One Lakh Twenty 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.1028/2022.
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.1028/2022.
(Smt. A.M. Shah)
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Date : 29.09.2023
ssl.
Metropolitan Magistrate,32nd Court,
Bandra, Mumbai.
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