Final Order 1

Order Details: Order Below EX 1
Pdf Text: IN THE COURT OF JUDICIAL MAGISTRATE (FIRST CLASS),
32ND COURT, BANDRA, MUMBAI.
Notice No. 307/N/2024.
C.R. No. 388/2024.
MHMM18-007866-2024
Kherwadi Police Station.
Abdul Hamid Abdul Aziz Shaikh … Applicant
V/s.
Sr. Inspector of Police,
(Kherwadi Police Station) ...Respondent.
ORDER PASSED BELOW EXH. 01
The application is filed by the applicant namely Abdul
Hamid Abdul Aziz Shaikh for release of Honda Activa 3G motorcycle
bearing registration Number MH-02-DY-5999 which is seized by the
Kherwadi Police Station in connection with Crime No.388/2024
registered with the Kherwadi Police Station for the offence punishable
under section 279, 336 of I.P.C.
2) I.O. has given his no objection. Ld. APP opposed the
application on the ground that said vehicle drawn by the accused in rash
and negligent manner. He prayed for rejection.
3) In support of his contention regarding ownership, applicant
has filed on record verified copies of Aadhar card, Registration
Certificate and xerox copies of FIR, statement 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
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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. Honda Activa
3G motorcycle bearing registration Number
MH-02-DY-5999 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.388/2024.
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.
6] The applicant is also directed to produce his
address proof.
7] Said application is to be affixed with Crime
No.388/2024.
Date : 12.07.2024
ssl.
(S.S. Parkhi)
Judicial Magistrate (First Class),32nd Court,
Bandra, Mumbai.
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