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. 404/N/2024.
C.R. No. 529/2024.
MHMM18-008770-2024
Kherwadi Police Station.
Mohsina Sirtaj Khan … Applicant
V/s.
Sr. Inspector of Police,
(Kherwadi Police Station) ...Respondent.
ORDER PASSED BELOW EXH. 01
The application is filed by the applicant namely Mohsina
Sirtaj Khan for release of Access scooter bearing registration No.MH-03-
EM-4894, which is seized by the Kherwadi Police Station in connection
with Crime No.529/2024 registered with the Kherwadi Police Station for
the offence punishable under section 114, 279, 336 of I.P.C. and section
184 of Motor Vehicles Act.
2) I.O. has given his no objection. Ld. APP objected the
application on the ground that accused drove said vehicle in rash and
negligent manner. If vehicle is returned to applicant he may commit
similar offence. He prayed for rejection.
3) In support of his contention regarding ownership, applicant
has filed on record verified copies of Registration Certificate & Aadhar
card and xerox copy of FIR & statement alongwith his affidavit.
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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 ther ratio,
said vehicle is returned to the applicant. Under such circumstances, I
pass following order.
-:	-: O R D E R	O R D E R :-	:-
1] Application is allowed.
2] The seized muddemal property i.e. Access
scooter bearing registration No.MH-03-EM-4894
be handed over to applicant on executing
indemnity bond of Rs.2,00,000/- (In words
rupees Two Lacs 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.529/2024.
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.
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7] Said application is to be affixed with Crime
No.529/2024.
Date : 09.08.2024
ssl.
(S.S. Parkhi)
Judicial Magistrate (First Class),
32nd Court, Bandra, Mumbai.
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