Final Order 1

Order Details: Order Below EX 1
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE,
32ND COURT, BANDRA, MUMBAI.
Notice No. 1091/N/2021.
C.R. No. 107/2020.
Excise FSI Division
CNR No.MHMM180028312021
Jagdish Satish Kavate … Applicant
V/s.
Sr. Inspector of Police,
(Excise FSI Division) ...Respondent.
ORDER PASSED BELOW EXH. 01
This application is filed by the applicant namely Jagdish
Satish Kavate for release of motorcycle bearing registration No.MH47
AE6392 which is seized by the Excise FSI Division in connection with
Crime No.107/2020 registered with the Excise FSI Division for the
offence punishable under sections 65(A)(E) of the Bombay Prohibition
Act, 1949.
2) Say was called from I. O. and A.P.P. The I.O. and A.P.P.
have strongly opposed the said application and submitted that, vehicle
claimed by the applicant was used in the commission of offence and
there is possibility of tampering of evidence. Thus, they prayed for
rejection of the application.
3) In support of his contention regarding ownership, applicant
has filed on record verified copies of registration certificate, Aadhar card,
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invoice receipt and xerox copies of 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.
:: O R D E R	O R D E R ::
1] Application is allowed.
2] The seized muddemal property i.e. motorcycle
bearing registration No. MH47AE6392 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 he shall not
transfer, pledge or any other way alienate the said
muddemal till the final disposal of the Crime
No.107/2020.
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.107/2020.
Date : 24.12.2021
ssl.
(Smt. A.M. Shah)
Metropolitan Magistrate,32nd Court,
Bandra, Mumbai.
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