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. 428/N/2024.
C.R. No. 550/2024.
MHMM18-008993-2024
Kherwadi Police Station.
Vishal Rajkumar Gupta … Applicant
V/s.
Sr. Inspector of Police,
(Kherwadi Police Station) ...Respondent.
ORDER PASSED BELOW EXH. 01
The application is filed by the applicant namely Vishal
Rajkumar Gupta for release of Activa 6G DLX motorcycle bearing
registration Number MH-02-FW-3203 which is seized by the Kherwadi
Police Station in connection with Crime No.550/2024 registered with the
Kherwadi Police Station for the offence punishable under section 279,
336 of I.P.C.
2) I.O. has given his no objection. Ld. APP objected the
application on the ground that said vehicle drown by the applicant in
rash and negligent manner and there is possibility of repeatation of same
kind of offence. He prayed for rejection.
3) In support of his contention regarding ownership, applicant
has filed on record verified copies of RC book and xerox copies of
Aadhar card, insruance, purchase invoice, RTO papers, FIR & statement
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
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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. Activa 6G
DLX motorcycle bearing registration Number
MH-02-FW-3203 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 he shall
not transfer, pledge or any other way alienate
the said muddemal till the final disposal of the
Crime No.550/2024.
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 his
address proof.
7] Said application is to be affixed with Crime
No.550/2024.
Date : 17.08.2024
ssl.
(S.S. Parkhi)
Judicial Magistrate (First Class),32nd Court,
Bandra, Mumbai.
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