Final Order 1

Order Details: Order Below EX 1
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE,
32ND COURT, BANDRA, MUMBAI.
Notice No. 634/N/2022.
C.R. No. 813/2022.
Kherwadi Police Station.
CNR No.MHMM180088542022
Mrs. Bhanuben Ganesh Devkar … Applicant
V/s.
Sr. Inspector of Police,
(Kherwadi Police Station) ...Respondent.
ORDER BELOW EXH1
This application is filed by the applicant namely Mrs.
Bhanuben Ganesh Devkar for release of auto rickshaw bearing
registration No.MH02EF7483 which is seized by the Kherwadi police
station in connection with crime registered with the Kherwadi police
station for the offence punishable under section 379 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 vehicle
used in the commission of crime and it is required at the time of trial.
She prayed for rejection.
3) In support of her contention regarding ownership, applicant
has filed on record verified copies of RC book, Aadhar card and xerox
copies of FIR, statement, insurance and affidavit of informant 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
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this 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. auto rickshaw
bearing registration No. MH02EF7483 be
handed over to applicant on executing indemnity
bond of Rs. 2,00,000/ (In words rupees Two
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.813/2022.
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 her
address proof.
7] Said application is to be affixed with Crime
No.813/2022.
Date : 11.10.2022
ssl.
(Smt. A.M. Shah)
Metropolitan Magistrate,32nd Court,
Bandra, Mumbai.
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