Final Order 1

Order Details: Order Below EX 1
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE,
32ND COURT, BANDRA, MUMBAI.
Notice No. 322/N/2024.
C.R. No. 819/2023.
Kherwadi Police Station.
MHMM18-008044-2024
Geeta Rajesh Yadav … Applicant
V/s.
Sr. Inspector of Police,
(Kherwadi Police Station) ...Respondent.
ORDER BELOW EXH-1
This application is filed by the applicant namely Geeta
Rajesh Yadav for release of Maruti Suzuki Ertiga VXI BS IV bearing
registration No. MH-03-BJ-6295 which is seized by the Kherwadi police
station in connection with Crime No. 819/2022 registered with the said
police station for the offence punishable under section 379 of I.P.C.
2) I.O. has given his no objection for the said return. Ld. APP
prayed for necessary order.
3) In support of her contention regarding ownership, applicant
has filed on verified copies of Registration Certificate, Aadhar card &
xerox copies of FIR & statement alongwith her 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
said vehicle is seized from accused, at this juncture no one except the
applicant has shown better title to the seized property. As per this ratio,
said vehicle is returned to the applicant. Under such circumstances, pass
following order :-
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-:	-: O R D E R	O R D E R :-	:-
1] Application is allowed.
2] The seized muddemal property i.e. Maruti Suzuki
Ertiga VXI BS IV bearing registration Number
MH-03-BJ-6295 be handed over to applicant on
executing indemnity bond of Rs.8,00,000/- (In
words rupees Eight Lakhs only), in the police
station.
3] The applicant should undertake that she shall not
transfer, pledge or any other way alienate the
said muddemal till the final disposal of the
Crime No.819/2023.
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 her
address proof.
7] Said application is to be affixed with Crime
No. 819/2023.
Date : 26.06.2024
ssl.
(S.S. Parkhi)
Metropolitan Magistrate,32nd Court,
Bandra, Mumbai.
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