Final Order 1

Order Details: Order Below EX 1
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE,
32ND COURT, BANDRA, MUMBAI.
Notice No. 793/N/2019.
C.R. No. 279/2019.
Excise 'FS I' Division
Jitendra Ashok Ahire … Applicant
V/s.
Sr. Inspector of Police,
(Excise 'FS I' Division) ...Respondent.
ORDER BELOW APPLICATION FOR RETURN OF PROPERTY
VIZ. ACTIVA 4G MOTORCYCLE
By this application the applicant is seeking return of Activa
4G motorcycle, bearing registration No. MH47AA5228 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, insurance policy
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.
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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
same. The said motorcycle is purchased in the year 2017. Hence, upon
imposing certain conditions the said motorcycle may be released in favor
of applicant. Hence, the following order :
ORDER
1 The seized Activa 4G motorcycle, bearing registration
No. MH47AA5228 be released in favor of applicant
viz. Jitendra Ashok Ahire on his furnishing indemnity
bond of र. 25,000/ and bank guarantee of Rs.
20,000/.
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 : 18.11.2019
ssl.
(Sudhir N. Shinde)
Metropolitan Magistrate,
32nd Court, Bandra, Mumbai.
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