Final Order 1

Order Details: Order Below EX 1
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE,
32ND COURT, BANDRA, MUMBAI.
Notice No. 542/N/2022.
C.R. No. 17 /2022.
Excise 'O' Division
CNR No.MHMM180074732022
Muniruddin Gulam Matkabe … Applicant
V/s.
Sr. Inspector of Police,
(Excise 'O' Division) ...Respondent.
ORDER PASSED BELOW EXH. 01
This application is filed by the applicant namely
Muniruddin Gulam Matkabe for release of taxi bearing registration
No.MH01AT5534 which is seized by the Excise O Division in
connection with Crime No. 17/2022 registered with the Excise O
Division for the offence punishable under sections 65(A)(F),81 and 83 of
the Bombay Prohibition Act, 1949.
2) Say was called from I. O. and A.P.P. They both have
strongly opposed it and submitted that, the vehicle claimed by the
applicant was used in the commission of offence and there is possibility
of tampering of evidence. They prayed for rejection of the application.
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3) In support of his contention regarding ownership, applicant
has filed on record xerox copies of Insurance papers, permit, Aadhar
card and verified copies of vehicle particulars, fitness certificate
alongwith his affidavit. The applicant filed his affidavit stating that his
surname is 'Maktabe'.
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. Taxi
bearing registration No.MH01AT5534 be handed
over to applicant on executing indemnity bond of Rs.
5,00,000/ (In words rupees Five Lakhs 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.
17/2022.
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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. 17/2022.
Date : 29.08.2022
ssl.
(Smt. A.M. Shah)
Metropolitan Magistrate,32nd Court,
Bandra, Mumbai.
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