Final Order 1

Order Details: Order Below EX 1
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE,
32ND COURT, BANDRA, MUMBAI.
Notice No. 710/N/2022.
C.R. No. 56/2022.
Excise W Division
CNR No.MHMM180104202022
Saroj Devi Dilip Mistri … Applicant
V/s.
Sr. Inspector of Police,
(Excise W Division) ...Respondent.
ORDER PASSED BELOW EXH. 01
This application is filed by the applicants namely Saroj Devi
Dilip Mistri for release of Suzuki motorcycle bearing registration No.
MH04KH8319 which is seized by the Excise W Division in connection
with Crime No.56/2022 registered with the Excise W Division for the
offence punishable under sections 65(E), 80, 83 & 108 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, the applicant is accused
is in this matter. The owner of said vehicle is yet to be arrested in this
crime. In this crime, accused alongwith his accomplice have not paid
excise duty of liquor during transportation. Said vehicle was used in the
commission of offence and there is possibility of tampering of evidence
and repetition of crime. They prayed for rejection.
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3) In support of her contention regarding ownership, applicant
has filed on record verified copies of R.C. Book & Aadhaar Card and
xerox copy of insurance alongwith her 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. 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. Suzuki
motorcycle bearing registration No.MH04KH8319 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/Excise Division.
3] The applicant should undertake that she shall
not transfer, pledge or any other way alienate the said
muddemal till the final disposal of the Crime
No.56/2022.
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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
her address proof.
7] Said application is to be affixed with Crime
No.56/2022.
Date : 15.11.2022
ssl.
(Smt. A.M. Shah)
Metropolitan Magistrate,32nd Court,
Bandra, Mumbai.
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