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. 370/N/2024.
C.R. No. 40/2024.
Excise W Division, Mumbai.
MHMM18-008551-2024
Surekha Maruti Kalkatte … Applicant
V/s.
Sr. Inspector of Police,
(Excise W Division) ...Respondent.
ORDER BELOW EXH-1
This application is filed by the applicant namely Surekha
Maruti Kalkatte for release of Bajaj Pulsar NS 125 motorcycle bearing
registration No. MH-47-BC-5054 which is seized by the Excise W
Division in connection with Crime No. 40/2024 registered with the said
police station for the offence punishable under section 65(E)
Maharashtra Prohibition Act.
2) IO and APP filed their say. They both objected and
submitted that there are chances of repetition of offence and commission
of similar another offence. As such, they both prayed for rejection.
3) In support of her contention regarding ownership, applicant
has filed on record verified copies of R.C. Book, Aadhar card & xerox
copy of tax invoice, RTO papers, insurance 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. As per
this ratio, said vehicle is returned to the applicant. The applicant is not
the accused in the matter. 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. Bajaj Pulsar
NS 125 motorcycle bearing registration No.
MH-47-BC-5054 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 she shall
not transfer, pledge or any other way alienate
the said muddemal till the final disposal of the
Crime No.40/2024.
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 her
address proof.
7] Said application is to be affixed with Crime
No.40/2024.
Date : 06.08.2024
ssl.
(S.S. Parkhi)
Judicial Magistrate (First Class),
32nd Court, Bandra, Mumbai.
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