Final Order 1

Order Details: Order Below EX 1
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE,
32ND COURT, BANDRA, MUMBAI.
Notice No. 643/N/2019.
C.R. No. 208/2019.
Excise 'FSI' Division
Mallappa Hanumantha Dhangar … Applicant
V/s.
Sr. Inspector of Police,
(Excise 'FSI' Division) ...Respondent.
ORDER BELOW APPLICATION FOR RETURN OF PROPERTY
VIZ. AUTORICKSHAW
By this application the applicant is seeking return of auto
rickshaw, bearing registration No. MH02FB6071 as quoted in the
application, being registered owner of the same. It is further submitted
that, the said auto rickshaw was seized by Excise 'FSI' Division , as
alleged. He is ready to produce the said property whenever required till
final disposal of case. The application is supported by various documents
such as copies of Registration Certificate, permit, insurance, driving
licence, Aadhar card and affidavit of applicant.
2. Accordingly say of Investigation Officer and APP was called.
Investigating officer objected the application on the ground that certain
conditions quoted by the Hon'ble High Court, Nagpur Bench, in Cri.
Revision Application No. 156/1993. Whereas, APP has failed to file say.
3. Heard argument, perused the record.
4. Considering the reasons mentioned in application supported
by documents, it is evident that, the aforementioned autorickshaw may
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be temporarily released in favor of the applicant, being entitled for the
same. Said autorickshaw is purchased in the year 2019. Hence, upon
imposing certain conditions the said autorickshaw may be released in
favor of applicant. The applicant pleaded that he has taken loan to
purchase said autorickshaw and still he is paying its installments. He is
belongs to poor family & thus he prayed to reduce the bank guarantee.
Hence, the following order :
ORDER
1 The seized autorickshaw, bearing registration No. MH
02FB6071 be released in favor of applicant viz.
Mallappa Hanumantha Dhangar on his furnishing
indemnity bond of र. 1,00,000/ and bank guarantee
of Rs. 50,000/, subject to furnish insurance.
2 He shall produce the said autorickshaw as and when
required by the Court.
3 Investigation Officer shall obtain photographs of seized
vehicle from all angles for its proper identification in
future and prepared panchanama, which shall be the
part of chargesheet. The photographs and
panchanama shall be countersigned by the
applicant/accused.
4 Copy to the concerned Excise Division for compliance
of this order.
SD/
Date : 30.09.2019
ssl.
(Sudhir N. Shinde)
Metropolitan Magistrate, 32nd Court,
Bandra, Mumbai.
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