Final Order 1

Order Details: Order Below EX 1
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE,
32ND COURT, BANDRA, MUMBAI.
Notice No. 777/N/2019.
C.R. No. 47/2019.
Excise 'J' Division
Poonam Jainarayan Bhatia … Applicant
V/s.
Sr. Inspector of Police,
(Excise 'J Division) ...Respondent.
ORDER BELOW APPLICATION FOR RETURN OF PROPERTY
VIZ. AUTORICKSHAW
By this application the applicant is seeking return of auto
rickshaw, bearing registration No. MH03BY5261 as quoted in the
application, being registered owner for the same. It is further submitted
that, the said auto rickshaw was seized by Excise 'J' Division, as alleged.
She is ready to produce the said property whenever required till final
disposal of case. The application is supported by various documents such
as copy of RC book, insurance certificate, PAN card, Aadhar card 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.
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4. Considering the reasons mentioned in application supported
by documents, it is evident that, the aforementioned autorickshaw may
be temporarily released in favor of the applicant, being entitled for the
same. The insurance certificate shows that the value of autorickshaw is
shown Rs. 90,000/. Hence, upon imposing certain conditions the said
autorickshaw may be released in favor of applicant. Hence, the
following order :
ORDER
1 The seized autorickshaw bearing registration No. MH
03BY5261 be released in favor of applicant viz. Mrs.
Poonam Jainarayan Bhatia on her furnishing
indemnity bond of र. 45,000/ and bank guarantee of
Rs. 45,000/.
2 She shall produce the said autorickshaw 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 : 06.11.2019
ssl.
(Sudhir N. Shinde)
Metropolitan Magistrate, 32nd Court,
Bandra, Mumbai.
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