Final Order 1

Order Details: Order Below EX 1
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE,
32ND COURT, BANDRA, MUMBAI.
Notice No. 764/N/2022.
C.R. No. 99/2022.
Excise 'T' Division
CNR No.MHMM180126742022
Kaleshwar Gobardhan Yadav … Applicant
V/s.
Sr. Inspector of Police,
(Excise 'T' Division) ...Respondent.
ORDER PASSED BELOW EXH. 01
This application is filed by the applicant namely Kaleshwar
Gobardhan Yadav for release of autorickshaw bearing registration
No.MH47AD8062 which is seized by the Excise T Division in
connection with Crime No.99/2022 registered with the Excise T Division
for the offence punishable under sections 65(A)(E) of the Bombay
Prohibition Act, 1949.
2) Say was called from I. O. and A.P.P. They both have strongly
opposed the said application and submitted that, the vehicle claimed by
the applicant was used in the commission of offence and there is
possibility of tampering of evidence. Thus, they prayed for rejection of
the application.
3) In support of his contention regarding ownership, applicant
has filed on record verified copies of R.C.Book, fitness certificate &
Aadhar card and xerox copies of insurance certificate, permit 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
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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, 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. autorickshaw
bearing registration No. MH47AD8062 be
handed over to applicant on executing indemnity
bond of Rs.2,50,000/ (In words rupees Two
Lakhs Fifty Thousand only), in the police
station/Excise Division.
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.99/2022.
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.99/2022.
Date : 16.12.2022
ssl.
(Smt. A.M. Shah)
Metropolitan Magistrate,32nd Court,
Bandra, Mumbai.
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