Final Order 1

Order Details: Order Below EX 1
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE,
32ND COURT, BANDRA, MUMBAI.
Notice No. 401/N/2024.
C.R. No. 32/2024.
Excise P Division.
MHMM18-008757-2024
Rajesh Harji Choudhary … Applicant
V/s.
Sr. Inspector of Police,
(Excise P Division) ...Respondent.
ORDER BELOW EXH-1
This application is filed by the applicant namely Rajesh Harji
Choudhary for release of motorcycle bearing registration No. MH-04-KC-
9626 which is seized by the Excise P Division in connection with Crime
No.32/2024 registered with the concerned excise department for the
offence punishable under section 65(A)(E), 73, 81, 83, 98, 108 of
Prohibition Act and Section 328 of I.P.C.
2) Both I.O. and Ld.APP strongly opposed the application and
prayed for rejection.
3) In support of his contention regarding ownership, applicant
has filed on verified copies of Aadhar card & xerox copy of RC book
alongwith his affidavit.
4) On persual of record, it is seen that the section 328 of IPC is
triable by the Sessions Court. Therefore, this court has no jurisdictional
power to entertain this application in the interest of justice. Hence, pass
following order :-
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-:	-: O R D E R	O R D E R :-	:-
Application is rejected in the interest of justice.
Date : 20.08.2024
ssl.
(S.S. Parkhi)
Metropolitan Magistrate,32nd Court,
Bandra, Mumbai.
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