Order 1

Order Details: Order Below EX 1
Pdf Text: IN THE COURT OF JUDICIAL MAGISTRATE (FIRST CLASS),
32ND COURT, BANDRA, MUMBAI.
C.C. No. 3128/PS/2024.
C.R. No. 277/2024.
MHMM18-007544-2024
Kherwadi Police Station.
Adnan Rasheed Pathan … Applicant
V/s.
Sr. Inspector of Police,
(Kherwadi Police Station) ...Respondent.
ORDER PASSED BELOW EXH. 2
Ther application is filed by the applicant namely Adnan
Rasheed Pathan for release of scooter bearing registration No. MH-05-
DX-4803 which is seized by the Kherwadi Police Station in connection
with Crime No.277/2024 registered with the Kherwadi Police Station for
the offence punishable under section 279, 336 of I.P.C. and section 184
of M.V. Act.
2) I.O. has given no objection. Ld. APP has objected on the
ground that the applicant drove said vehicle in rash and neligent manner
and if said vehicle is release, he may commit similar offence. He prayed
for rejection.
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3) In support of his contention regarding ownership, applicant
has filed on record verified copies of Aadhar card, RC book, Driving
Licence, Insurance 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. Though
said vehicle is seized from accused, at this juncture no one except the
applicant has shown better title to the seized property. As per ther 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. scooter
bearing registration No. MH-05-DX-4803 be
handed over to applicant on executing indemnity
bond of Rs. 1,50,000/- (In words rupees One
Lakh Fifty Thousand 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.277/2024.
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.
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6] The applicant is also directed to produce his
address proof.
7] Said application is to be affixed with Crime
No.277/2024.
Date : 06.01.2025
ssl.
(S.S. Parkhi)
Judicial Magistrate (First Class),
32nd Court, Bandra, Mumbai.
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