Final Order 1

Order Details: Order Below EX 1
Pdf Text: ORDER BELOW EXHIBIT NO.01 IN C.C. NO. 577/N/2025
(Passed on 30/09/2025)
1. This is an application filed by the applicant Durgesh Kumar
Umesh Kumar Singh seeking release of the property i.e. Gray colour
Maruti Suzuki Swift D’zire bearing registration No. MH-02-FU-2731
seized in C.R.No. 582/2025 of Police Station, Mahim.
2. Perused the contents and say of I.O. and Ld. APP. On going
through the say of Investigation Officer, it reveals that the Investigating
Officer has opposed the application on the ground that on the said
vehicle there is mentioned as " भारत सरकार" with the intention to
deceive others into believing they are a public servant. Ld. A.P.P.
submitted that the alleged offence is cognizable and non-bailable in
nature, in which seized property having great evidential value. The
investigation is pending and accused may reuse the same claimed
vehicle for crime or may destroy its evidential value. Hence, he prayed
for rejection of the application.
3. Perused the application and say of I.O and Ld. APP. The
record shows that the applicant is registered owner of the said vehicle.
The FIR shows that the said vehicle is seized from the custody of the
accused viz. Avinash Kumar Chaurasia. He submitted his no objection to
return the said vehicle to the applicant i.e. Durgesh Kumar Singh as he
is true and rightful owner of the said vehicle.
4. Considering all facts on record, it is clear that the
applicant is registered owner of said vehicle. Also, he is not an
accused in said FIR. Also, offence mentioned in FIR is bailable and
triable by this court. Considering the nature of allegation, in my
opinion, physical custody of seized vehicle is not required. Also, if
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application is rejected at this stage, the property is likely to be
destroyed till conclusion of trial. Hence, order.
O R D E R
1. Application is allowed.
2. Police Station, Mahim is hereby directed to released Maruti
Suzuki Swift Dezire bearing registration No.MH-02-FU-2731
seized in C.R.No. 582/2025 of Police Station, Mahim to the
applicant viz. Durgesh Kumar Umesh Kumar Singh, on his
executing Indemnity Bond of Rs.10,00,000/-(Rupees Ten Lakhs
only) on Rs.200/- Stamp Paper.
3. Applicant shall not sell or alienate it till further direction of the
Court.
4. Applicant shall file photographs of the said vehicle on record.
5. The applicant is directed to produce the said vehicle as and
when required by the Court.
Issue Humdast accordingly.
( V. U. Misal )
Addl. Chief Judicial Magistrate,
Date :- 30/09/025 9th Court, Bandra, Mumbai
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