Final Order 1

Order Details: Order Below EX 1
Pdf Text: IN THE COURT OF JUDICIAL MAGISTRATE (FIRST CLASS),
32ND COURT, BANDRA, MUMBAI.
Notice No. 540/N/2024.
C.R. No. 273/2024.
MHMM18-011440-2024
Kherwadi Police Station.
Mohd. Meraj Mohd. Gaush Shaikh … Applicant
V/s.
Sr. Inspector of Police,
(Kherwadi Police Station) ...Respondent.
ORDER PASSED BELOW EXH. 01
The application is filed by the applicant namely Mohd.
Meraj Mohd. Gaush Shaikh for release of Suzuki motorcycle bearing
registration Number MH-04-KK-2155 which is seized by the Kherwadi
Police Station in connection with Crime No. 273/2024 registered with
the Kherwadi Police Station for the offence punishable under section
279, 336 of I.P.C.
2) I.O. has given his no objection. Ld. APP objected the
application on the ground that the said vehicle is used in the commission
of offence. He prayed for rejection.
3) In support of his contention regarding ownership, applicant
has filed on record verified copies of RC book, driving licence, Aadhar
card and xerox copies of FIR, statement & insurance 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. Though
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said vehicle is seized from accused, at this juncture no one except the
applicant has shown better title to the seized property. As per ther 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 Number
MH-04-KK-2155 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.273/2024.
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.273/2024.
Date : 24.10.2024
ssl.
(S.S. Parkhi)
Judicial Magistrate (First Class),
32nd Court, Bandra, Mumbai.
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