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. 681/N/2024.
C.R. No. 91/2024.
Excise S Division, Mumbai.
MHMM18-013880-2024
Nagnath Ramdas Waghmode … Applicant
V/s.
Sr. Inspector of Police,
(Excise S Division) ...Respondent.
ORDER BELOW EXH-1
This application is filed by the applicant namely Nagnath
Ramdas Waghmode for release of auto-rickshaw bearing registration No.
MH-47-AJ-9395 which is seized by the Excise S Division in connection
with Crime No. 91/2024 registered with the said police station for the
offence punishable under section 65(E) Maharashtra Prohibition Act.
2) IO and APP filed their say. They both objected and
submitted that there are chances of repetition of offence and commission
of similar another offence. As such, they both prayed for rejection.
3) In support of his contention regarding ownership, applicant
has filed on record verified copies of R.C. Book, permit, fitness
certificate, PAN card and xerox copy of 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
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the investigation, which is to be disposed of as early as possible. As per
this ratio, said vehicle is returned to the applicant. Though said vehicle is
seized from accused, at this juncture no one except the applicant has
vehicle shown better title to the seized property. Under such
circumstances, pass following order :-
-:	-: 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-47-AJ-9395 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.91/2024.
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.91/2024.
Date : 06.01.2025
ssl.
(S.S. Parkhi)
Judicial Magistrate (First Class),
32nd Court, Bandra, Mumbai.
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