Final Order 1

Order Details: Order Below EX 1
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE,
32ND COURT, BANDRA, MUMBAI.
Notice No. 709/N/2022.
C.R. No. 231/2022.
Excise FSI Division
CNR No.MHMM180104162022
Yogesh Ramesh Kalmaste … Applicant
V/s.
Sr. Inspector of Police,
(Excise FSI Division) ...Respondent.
ORDER PASSED BELOW EXH. 01
This application is filed by the applicants namely Yogesh
Ramesh Kalmaste for release of Honda motorcycle bearing registration
No.MH03DM5918 which is seized by the Excise FSI Division in
connection with Crime No.231/2022 registered with the Excise FSI
Division for the offence punishable under sections 65(A)(E) of the
Bombay Prohibition Act, 1949.
2) Say was called from I. O. and A.P.P. They both strongly
opposed the said application and submitted that, vehicle was used in
the commission of offence and there is possibility of tampering of
evidence. They prayed for rejection.
3) In support of his contention regarding ownership, applicant
has filed on record verified copy of R.C. Book & xerox copy of insurance
papers 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. Honda Activa
motorcycle bearing registration No. MH03DM
5918 be handed over to applicant on executing
indemnity bond of Rs.1,20,000/ (In words
rupees One Lakh Twenty Thousand only), in the
police station/Excise Division.
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.231/2022.
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.231/2022.
Date : 01.12.2022
ssl.
(Smt. A.M. Shah)
Metropolitan Magistrate,32nd Court,
Bandra, Mumbai.
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