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. 444/N/2024.
C.R. No. 26/2024.
Excise V Division, Mumbai.
MHMM18-009429-2024
Ashok Gunakar Shetty … Applicant
V/s.
Sr. Inspector of Police,
(Excise V Division) ...Respondent.
ORDER BELOW EXH-1
This application is filed by the applicant namely Ashok
Gunakar Shetty for release of TVS XL 100 motor scooter bearing
registration No. MH-04-LR-5730 which is seized by the Excise V Division
in connection with Crime No. 26/2024 registered with the said police
station for the offence punishable under section 65(E) Maharashtra
Prohibition Act.
2) IO and APP filed their say. They both objected and
submitted that there are chances of repetition of offence and commission
of similar another offence. As such, they both prayed for rejection.
3) In support of his contention regarding ownership, applicant
has filed on record verified copies of R.C. Book, Aadhar card & xerox
copy of FIR 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. As per
this ratio, said vehicle is returned to the applicant. The applicant is not
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the accused in the matter. Under such circumstances, pass following
order :-
-:	-: O R D E R	O R D E R :-	:-
1] Application is allowed.
2] The seized muddemal property i.e. TVS XL 100
motor scooter bearing registration No.
MH-04-LR-5730 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.26/2024.
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.26/2024.
Date : 17.08.2024
ssl.
(S.S. Parkhi)
Judicial Magistrate (First Class),
32nd Court, Bandra, Mumbai.
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