Final Order 2

Order Details: Order Below EX 1
Pdf Text: IN THE COURT OF JUDICIAL MAGISTRATE (FIRST CLASS),
32ND COURT, BANDRA, MUMBAI.
Notice No. 501/N/2025.
C.R. No. 425/2025.
Kherwadi Police Station.
MHMM180101902025
Heeren Pravin Jain … Applicant
V/s.
Sr. Inspector of Police,
(Kherwadi Police Station) ...Respondent.
ORDER BELOW EXH-1
This application is filed by the applicant namely Heeren
Pravin Jain for release of Hyndai Venue Turbo GDI DCT SX=/SUV
bearing registration No. MH-01-DT-2790, which is seized by the
Kherwadi police station in connection with Crime No. 68/2025
registered with the Kherwadi police station for the offence punishable
under section 125, 281 of B.N.S. and 185 of M.V. Act.
2) Both I.O. and Ld. APP have objected the application on the
ground that if the said vehicle is returned to applicant, he may use said
vehicle for illegal work. They both prayed for rejection.
3) In support of his contention regarding ownership, applicant
has filed on online vehicle particulars and e-receipt, true copy of R.C.,
verified copy of Aadhar card and xerox copy of insurance certificat
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
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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. 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. Hyndai Venue
Turbo GDI DCT SX=/SUV bearing registration
No. MH-01-DT-2790 be handed over to applicant
on executing indemnity bond of Rs.10,00,000/-
(In words rupees Ten Lakhs 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.425/2025.
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.425/2025.
Date : 18.10.2025
ssl.
(S.S. Parkhi)
Judicial Magistrate (First Class),
32nd Court, Bandra, Mumbai.
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