Interim Order 1

Order Details: Order Below EX 1
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE,
32ND COURT, BANDRA, MUMBAI.
C.C. No. 2656/PW/2022
C.R. No. 479/2022.
Nirmal Nagar Police Station.
CNR No.MHMM180140632022
Aditi Gajanan Talekar … Applicant
V/s.
Sr. Inspector of Police,
(Nirmal Nagar Police Station) ...Respondent.
ORDER BELOW EXH2
This application is filed by the applicant namely Aditi
Gajanan Talekar for release of TVS Jupiter Grande scooter bearing
registration No.MH43BQ9359 which is seized by the Nirmal Nagar
police station in connection with Crime No.479/2022 registered with the
said police station for the offence punishable under section 408, 420 of
I.P.C.
2) Say was called from I. O. and A.P.P. They both objected that
said vehicle is purchased from the criminal breach trust amount and it is
required at the time of trial. They prayed for rejection.
3) In support of her contention regarding ownership, applicant
has filed on verified copies of RC Book & xerox copies of FIR, statement,
panchanama, insurance papers alongwith her 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. In this matter, though
I.O. and APP took strong objection but, during the interrogation and full
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investigation, I.O. has not seized any cash amount from accused.
Furthermore, no one claimed this vehicle other than accused. 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. TVS Jupiter
Grande scooter bearing registration No.MH43
BQ9359 be handed over to applicant on
executing indemnity bond of Rs.1,90,000/ (In
words rupees One Lakh Ninety Thousand only),
in the police station.
3] The applicant should undertake that she shall not
transfer, pledge or any other way alienate the
said muddemal till the final disposal of the
Crime No.479/2022.
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 her
address proof.
7] Said application is to be affixed with Crime
No.479/2022.
Date : 06.03.2023
ssl.
(Smt. A.M. Shah)
Metropolitan Magistrate,32nd Court,
Bandra, Mumbai.
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