Final Order 1

Order Details: Order Below EX 1
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE,
32ND COURT, BANDRA, MUMBAI.
Notice No. 520/N/2018.
C.R. No. 33/2018.
Excise 'O' Division
Kirit Ramjibhai Somaiya … Applicant
V/s.
Sr. Inspector of Police,
(Excise 'O' Division) ...Respondent.
ORDER BELOW APPLICATION FOR RETURN OF PROPERTY
VIZ. TATA INDICA CAR.
By this application the applicant Kirit Ramjibhai Somaiya,
is seeking return of Tata Indica car, bearing registration No. MH02AY
3884 as quoted in the application, being registered owner for the same.
It is further submitted that, the said car was seized by Excise 'O' 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 and affidavit of applicant.
2. Accordingly say of Investigation Officer and APP was called.
Investigating officer has strongly objected the said application and
requested to follow guidelines and certain conditions quoted by the
Hon'ble High Court, Mumbai, Aurangabad Bench, in Cri. Application No.
670/2002 and 1096/2002 dated 19.09.2002. Whereas, APP has failed
to file his say.
3. Heard argument, perused the record.
-- 1 of 3 --
2
4. Considering the reasons mentioned in application supported
by documents, it is evident that, the aforementioned car may be
temporarily released in favor of the applicant, being entitled for the
same. Said car is purchased in the year 2007. Thus, the amount shown
in insurance has to be considered as the current amount for directing
bank guarantee. But, same does not appear in policy attached. Learned
advocate for applicant submits that the price of car can be around of Rs.
50,000/. Hence, upon imposing certain conditions the said auto
rickshaw may be released in favor of applicant. Hence, the following
order :
ORDER
1 The seized Tata Indica car, bearing registration No. MH
02AY3884 be released in favor of applicant viz. Kirit
Ramjibhai Somaiya on his furnishing indemnity bond of
र. 25,000/ and bank guarantee of Rs. 25,000/.
2 He shall produce the said car 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 : 21.09.2018
ssl.
(Sudhir N. Shinde)
Metropolitan Magistrate,
32nd Court, Bandra, Mumbai.
-- 2 of 3 --
-- 3 of 3 --