Final Order 1

Order Details: Order Below EX 1
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE,
32ND COURT, BANDRA, MUMBAI.
Notice No. 708/N/2022.
C.R. No. 932/2022.
Nirmal Nagar Police Station.
CNR No.MHMM180102372022
Rajesh Bhagwandin Pandey … Applicant
V/s.
Sr. Inspector of Police,
(Nirmal Nagar Police Station) ...Respondent.
ORDER BELOW EXH1
This application is filed by the applicant namely Rajesh
Bhagwandin Pandey for release of auto rickshaw bearing registration
No.MH47AD0158 which is seized by the Nirmal Nagar police station
in connection with crime registered with the Nirmal Nagar 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 his contention regarding ownership, applicant
has filed on record verified copies of RC book, Aadhar card, fitness
certificate, permit and xerox copies of 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
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. MH47AD0158 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 he shall
not transfer, pledge or any other way alienate
the said muddemal till the final disposal of the
Crime No.932/2022.
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 his
address proof.
7] Said application is to be affixed with Crime
No.932/2022.
Date : 17.11.2022
ssl.
(Smt. A.M. Shah)
Metropolitan Magistrate,32nd Court,
Bandra, Mumbai.
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