Final Order 1

Order Details: Order Below EX 1
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE,
32ND COURT, BANDRA, MUMBAI.
Notice No. 1092/N/2021.
C.R. No. 38/2021.
Excise Q Division
CNR No. MHMM180074202021
Ramlingappa Hanumanta Dhangar … Applicant
V/s.
Sr. Inspector of Police,
(Excise Q Division) ...Respondent.
ORDER PASSED BELOW EXH. 01
This application is filed by the applicant namely
Ramlingappa Hanumanta Dhangar for release of Honda Activa
Motorcycle bearing registration No.MH02ED0448 which is seized by
the Excise Q Division in connection with Crime No.38/2021 registered
with the Excise Q Division for the offence punishable under sections
65(A)(E), 98 of the Bombay Prohibition Act, 1949.
2) Say was called from I. O. and A.P.P. They both 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 R.C.Book & Aadhaar Card and
xerox copies of insurance certificate and PUC 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
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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. MH02ED0448 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.38/2021.
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.38/2021.
Date : 19.01.2022
ssl.
(Smt. A.M. Shah)
Metropolitan Magistrate,32nd Court,
Bandra, Mumbai.
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