Final Order 1

Order Details: Order Below EX 1
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE,
32ND COURT, BANDRA, MUMBAI.
Notice No. 814/N/2022.
C.R. No. 1001/2022.
Kherwadi Police Station.
CNR No.MHMM180144842022
Mohd. Azharuddin Khan … Applicant
V/s.
Sr. Inspector of Police,
(Kherwadi Police Station) ...Respondent.
ORDER BELOW EXH1
This application is filed by the applicant namely Mohd.
Azharuddin Khan for release of TATA Towing van bearing registration
No.MH02AV9463 which is seized by the Kherwadi police station in
connection with Crime No.1001/2022 registered with the said police
station for the offence punishable under section 379 of I.P.C.
2) Say was called from I. O. and A.P.P. They both objected
application on the ground that said vehicle is used in the commission of
offence and it is required at the time of trial. They prayed for rejection.
3) In support of his contention regarding ownership, applicant
has filed on verified copies of RC Book & xerox copies of Aadhar card,
FIR, statement & 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, I pass following order :
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:: O R D E R	O R D E R ::
1] Application is allowed.
2] The seized muddemal property i.e. TATA Towing
van bearing registration No.MH02AV9463 be
handed over to applicant on executing
indemnity bond of Rs.10,00,000/ (In words
rupees Ten Lakhs 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.1001/2022.
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.1001/2022.
Date : 30.01.2023
ssl.
(Smt. A.M. Shah)
Metropolitan Magistrate,32nd Court,
Bandra, Mumbai.
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