Final Order 1

Order Details: Order Below EX 1
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE,
32ND COURT, BANDRA, MUMBAI.
Notice No. 608/N/2022.
C.R. No. 748/2022.
Kherwadi Police Station.
MHMM180084752022
Abdul Kadir Shaikh … Applicant
V/s.
Sr. Inspector of Police,
(Kherwadi Police Station) ...Respondent.
ORDER BELOW EXH1
This application is filed by the applicant namely Abdul Kadir
Shaikh for release of Pulsar 220 DTS IF motorcycle bearing registration
No.MH02DT8351 which is seized by the Kherwadi police station in
connection with Crime No.748/2022 registered with said police station
for the offence punishable under section 379 r/w 34 of I.P.C.
2) Say was called from I. O. and A.P.P. The I.O. has no
objection. The Ld. APP has an objection and submitted that said
muddemal is required at the time of trial. She prayed for rejection.
3) In support of his contention regarding ownership, applicant
has filed on verified copies of RC Book, Aadhar card & xerox copies of
FIR, statement & insurance certificate 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. As per
this ratio, said vehicle is returned to the applicant. Under such
circumstances, I pass following order :
-- 1 of 3 --
2
:: O R D E R	O R D E R ::
1] Application is allowed.
2] The seized muddemal property i.e. Pulsar 220
DTS IF motorcycle bearing registration No.
MH02DT8351 be handed over to applicant on
executing indemnity bond of Rs.1,20,000/ (In
words rupees One Lakh Twenty 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.748/2022.
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.748/2022.
Date : 11.10.2022
ssl.
(Smt. A.M. Shah)
Metropolitan Magistrate,32nd Court,
Bandra, Mumbai.
-- 2 of 3 --
-- 3 of 3 --