Final Order 1

Order Details: Order Below EX 1
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE,
32ND COURT, BANDRA, MUMBAI.
Notice No. 1090/N/2021.
C.R. No. 58/2021.
Excise W Division
CNR No.MHMM180074182021
Daksha S. Jadhav … Applicant
V/s.
Sr. Inspector of Police,
(Excise W Division) ...Respondent.
ORDER PASSED BELOW EXH. 01
This application is filed by the applicants namely Daksha S.
Jadhav for release of Honda Activa motorcycle bearing registration
No.MH02CX0694 which is seized by the Excise W Division in
connection with Crime No.58/2021 registered with the Excise W
Division for the offence punishable under sections 65(E) & 108 of the
Bombay Prohibition Act, 1949.
2) Say was called from I. O. and A.P.P. They both strongly
opposed the said application and submitted that, vehicle was used in
the commission of offence and there is possibility of tampering of
evidence. They prayed for rejection.
3) In support of her contention regarding ownership, applicant
has filed on record verified copies of R.C. Book & Aadhaar Card and
xerox copy of insurance alongwith her 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. Honda Activa
motorcycle bearing registration No.MH02CX0694 be
handed over to applicant on executing indemnity bond
of Rs.90,000/ (In words rupees Ninety Thousand
only), in the police station/Excise Division.
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.58/2021.
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
her address proof.
7] Said application is to be affixed with Crime
No.58/2021.
Date : 17.01.2022
ssl.
(Smt. A.M. Shah)
Metropolitan Magistrate,32nd Court,
Bandra, Mumbai.
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