Final Order 1

Order Details: Order Below EX 1
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE,
32ND COURT, BANDRA, MUMBAI.
Notice No. 719/N/2022.
C.R. No. 495/2021.
Kherwadi Police Station.
CNR MHMM180106232022
Danish Mustakim Ansari … Applicant
V/s.
Sr. Inspector of Police,
(Kherwadi Police Station) ...Respondent
ORDER BELOW EXH1
This application is filed by the applicant namely Danish
Mustakim Ansari for release of Honda Activa 3G motorcycle bearing
registration No.MH01CS0802 which is seized by the Kherwadi police
station in connection with Crime No.495/2021 registered with the said
police station for the offence punishable under section 279, 337, 338 of
I.P.C. r/w section 184, 134(A)(B) of Motor Vehicle Act.
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
muddemal 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, driving
licence, PAN card and xerox copy of FIR, statement and insurance
certificate 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. Under such
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circumstances, I pass following order :
2
:: O R D E R	O R D E R ::
1] Application is allowed.
2] The seized muddemal property i.e. Honda Activa
3G motorcycle bearing registration No. MH01
CS0802 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.495/2021.
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.495/2021.
Date : 30.11.2022
ssl.
(Smt. A.M. Shah)
Metropolitan Magistrate,32nd Court,
Bandra, Mumbai.
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