Final Order 1

Order Details: Order Below EX 1
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE,
32ND COURT, BANDRA, MUMBAI.
Notice No. 796/N/2019.
C.R. No. 267/19.
Excise 'FS I' Division
Manikam Palaniswami Devendra … Applicant
V/s.
Sr. Inspector of Police,
(Excise 'FS I' Division) ...Respondent.
ORDER BELOW APPLICATION FOR RETURN OF PROPERTY
VIZ. ACTIVA MOTORCYCLE
By this application the applicant is seeking return of
motorcycle, bearing registration No. MH02DT3287 as quoted in the
application, being registered owner for the same. It is further submitted
that, the said motorcycle was seized by Excise 'FS I' 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, Aadhar card, insurance certificate
and affidavit of applicant.
2. Accordingly say of Investigation Officer and APP was called.
Investigating officer objected the application on the ground that certain
conditions quoted by the Hon'ble High Court, Nagpur Bench, in Cri.
Revision Application No. 156/1993. Whereas, APP has failed to file say.
3. Heard argument, perused the record.
4. Considering the reasons mentioned in application supported
by documents, it is evident that, the aforementioned motorcycle may be
temporarily released in favor of the applicant, being entitled for the
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same. Said motorcycle is purchased in the year 2014. Thus, the amount
shown in insurance has to be considered as the current amount for
directing bank guarantee. Hence, upon imposing certain conditions the
said motorcycle may be released in favor of applicant. Hence, the
following order :
ORDER
1 The seized motorcycle, bearing registration No. MH02
DT3287 be released in favor of applicant viz.
Manikam Palaniswami Devendra on his furnishing
indemnity bond of र. 10,000/ and bank guarantee of
Rs. 15,000/, subject to renewal of insurance policy.
2 He shall produce the said motorcycle 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 : 20.11.2019
ssl.
(Sudhir N. Shinde)
Metropolitan Magistrate, 32nd Court,
Bandra, Mumbai.
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