Final Order 1

Order Details: Order Below EX 1
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE,
32ND COURT, BANDRA, MUMBAI.
Notice No. 563/N/2024.
C.R. No. 16/2024.
Excise P Division.
MHMM18-011885-2024
Sunil Tilakraj Sachdev
(through Godown Keeper of Aakash Traders)
… Applicant
V/s.
Sr. Inspector of Police,
(Excise P Division) ...Respondent.
ORDER BELOW EXH-1
This application is filed by the applicant namely Sunil
Tilakraj Sachdev (through Godown Keeper of Aakash Traders) for release
of seized foreign liqour and beer, having total value of Rs.77,230/-,
which is seized by the Excise P Division in connection with Crime No.
16/2024 registered with the concerned excise department for the offence
punishable under section 65(A), 81, 83 of Prohibition Act.
2) Both I.O. and Ld.APP strongly opposed the application and
prayed for rejection.
3) In support of his contention regarding ownership, applicant
has filed on record verified copies of invoices, Aadhar card, Form of
Nokarnama & xerox copy of FIR & statement alongwith his affidavit.
4) On persual of record, it is seen that the applicant has failed
to prove on record his licence to possess the stock of liquor. The said FIR
is registered during the Election period and Aachar Sanhita. Any stock
which is kept without valid licence is an invalid stock. The seized
muddemal was carried and possessed without having valid pass from the
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RTO and on this ground also the application deserves to be rejected.
Hence, pass following order :-
-:	-: O R D E R	O R D E R :-	:-
Application is rejected in the interest of justice.
Date : 23.11.2024
ssl.
(S.S. Parkhi)
Judicial Magistrate (First Class),
32nd Court, Bandra, Mumbai.
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