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. 436/N/2024.
C.R. No. 529/2024.
MHMM18-009211-2024
Kherwadi Police Station.
Hasan S/o. Md. Ehasan … Applicant
V/s.
Sr. Inspector of Police,
(Kherwadi Police Station) ...Respondent.
ORDER PASSED BELOW EXH. 01
The application is filed by the applicant namely Hasan S/o.
Md. Ehasan for release of Pulsar 200 NS motorcycle bearing registration
Number MH-02-DY-6153 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 279, 336, 114 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 and there is possibility to commit similar offence. He
prayed for rejection.
3) In the said application applicant submitted that he had
purchased said motorcycle from Virkarm Rajram Pal and he did not
transfer the said vehicle in his name and all the relevant documents are
in the name of Vikram Rajaram Pal.
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4) In support of his contention regarding ownership,
applicant has filed on record verified copies of RC book, Aadhar card and
xerox copy of insurance 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
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. Pulsar 200
NS motorcycle bearing registration Number
MH-02-DY-6153 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.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.
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6] The applicant is also directed to produce his
address proof.
7] Said application is to be affixed with Crime
No.529/2024.
Date : 13.11.2024
ssl.
(S.S. Parkhi)
Judicial Magistrate (First Class),
32nd Court, Bandra, Mumbai.
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