Final Order 1

Order Details: Order Below EX 1
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE,
32ND COURT, BANDRA, MUMBAI.
Notice No.749/N/2019.
C.R. No. 227/2019.
Excise 'FSII' Division
Kunal Sanjeevan Gaikwad … Applicant
V/s.
Sr. Inspector of Police,
(Excise 'FSII' Division) ...Respondent.
ORDER BELOW APPLICATION FOR RETURN OF PROPERTY
VIZ. TATA MOTORS DELIVERY VAN
By this application the applicant is seeking return of TATA
motors delivery van, bearing registration No. MH04GC1688 as quoted
in the application, being registered owner for the same. It is further
submitted that, the said vehicle was seized by Excise 'FSII' Division , as
alleged. He is ready to produce the said property whenever required till
final disposal of case. The application is supported by various documents
such as copies of Registration Certificate, insurance policy, Aadhar card,
driving licence, and affidavit of applicant.
2. Accordingly say of Investigation Officer and APP was called.
Investigating officer has strongly opposed said application on the ground
that investigation is in progress and if said vehicle released in favour of
applicant, same will be used in similar offence. Whereas, APP has failed
to file say.
3. Heard argument, perused the record.
-- 1 of 2 --
2
4. Considering the reasons mentioned in application supported
by documents, it is evident that, the aforementioned vehicle may be
temporarily released in favor of the applicant, being entitled for the
same. Hence, upon imposing certain conditions the said vehicle may be
released in favor of applicant. Hence, the following order :
ORDER
1 The seized TATA motors delivery van, bearing
registration No. MH04GC1688 be released in favor
of applicant viz. Kunal Sanjeevan Gaikwad on his
furnishing indemnity bond of र. 1,50,000/ and bank
guarantee of र. 1,50,000/.
2 He shall produce the said vehicle as and when required
by the Court.
3 Investigation Officer shall obtain photographs of seized
vehicle from all angles for its proper identification in
future and prepared panchanama, which shall be the
part of chargesheet. The photographs and
panchanama shall be countersigned by the
applicant/accused.
4 Copy to the concerned Excise Division for compliance
of this order.
Date : 05.11.2019
ssl.
(Sudhir N. Shinde)
Metropolitan Magistrate,32nd Court,
Bandra, Mumbai.
-- 2 of 2 --