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. 559/N/2024.
C.R. No. 627/2024.
Kherwadi Police Station.
MHMM18-011808-2024
Abdul Kauayyum Abdul Rehman Khatikar … Applicant
V/s.
Sr. Inspector of Police,
(Kherwadi Police Station) ...Respondent.
ORDER BELOW EXH-1
This application is filed by the applicant namely Abdul
Kauayyum Abdul Rehman Khatikar for release of auto-rickshaw bearing
registration No. MH-03-CT-4631 which is seized by the Kherwadi police
station in connection with Crime No. 627/2024 registered with the said
police station for the offence punishable under section 303(2) of B.N.S.
2) I.O. has given his no objection for the said return. Ld. APP
prayed for necessary order.
3) In support of his contention regarding ownership, applicant
has filed on verified copies of registration certificate, Aadhar card &
xerox copies of FIR & 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
circumstances, pass following order :-
-- 1 of 2 --
-2-
-:	-: O R D E R	O R D E R :-	:-
1] Application is allowed.
2] The seized muddemal property i.e. auto-rickshaw
bearing registration No. MH-03-CT-4631 be
handed over to applicant on executing indemnity
bond of Rs.2,50,000/- (In words rupees Two
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.627/2024.
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.627/2024.
Date : 22.10.2024
ssl.
(S.S. Parkhi)
Judicial Magistrate (First Class),32nd Court,
Bandra, Mumbai.
-- 2 of 2 --