Final Order 1

Order Details: Order Below EX 1
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE,
32ND COURT, BANDRA, MUMBAI.
Notice No. 1076/N/2021.
C.R. No. 361/2021.
Kherwadi Police Station.
MHMM180072452021
Sabir Ali Abdul Hamid Hasmi … Applicant
V/s.
Sr. Inspector of Police,
(Kherwadi Police Station) ...Respondent.
ORDER BELOW EXH1
This application is filed by the applicant namely Sabir Ali
Abdul Hamid Hasmi for release of auto rickshaw bearing registration
No.MH02EF2754 which is seized by the Kherwadi police station in
connection with Crime No.361/2021 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 it is required
at the time of trial. He prayed for rejection.
3) In support of his contention regarding ownership, applicant
has filed on record xerox copies of FIR, statement, insurance certificate
and verified copies of R.C.Book, driving licence, permit & Aadhar card
alongwith his affidavit.
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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 :
:: 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. MH02EF2754 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 he shall not
transfer, pledge or any other way alienate the said
muddemal till the final disposal of the Crime
No.361/2021.
4] The applicant is also directed to produce
the said muddemal property as and when ordered to do
so.
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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.361/2021.
Date : 21.12.2021
(Smt. A.M. Shah)
Metropolitan Magistrate,32nd Court,
Bandra, Mumbai.
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