A seized vehicle may be denied interim custody if the nature and gravity of the incident suggest the vehicle was used as a weapon and its release could lead to the destruction of material evidence.

(DICTATED AND PRONOUNCED IN OPEN COURT)

ORAL ORDER

1. This application is filed by applicant/accused no.3 Mihir Rajesh Shah for return of BMW car, model No.530D M Sport LCI bearing No.MH-48-AK-4554 seized by police on 07.07.2024 in crime no.378 of 2024 for the offence punishable under Sections 105 , 281, 125(b), 238, 324 (4) of the Bhartiya Nyaya Sanhita (BNS), 2023, along with Section 184 , 185, 134 (A)(B) 187, 122/183 of Motor Vehicle Act, 1988 , Sections 146/196 , 115(7)/190, 100(2)/177, 92/177(A) of Central Motor Vehicle Act 1989 , Sections 9(1)/177, 17/177(A), 12(3CC)/177, 12(1)(B)/177 of Motor Vehicle Driving Rules, 2017 .

2. In short, it is alleged by informant Pradeep Liladhar Nakhva that on 07.07.2024 at around 5:25 a.m., he alongwith his wife Kaveri, aged 45 years proceeded on their Suzuki Access scooter MH-01-DU 6418 towards Worli Koliwada. When they reached Ceejay House, near Landmark Jeep Showroom on Dr. Annie Besant Road, Worli, they were hit by a white colour car being driven in high speed and the impact of it was so powerful that both of them were lifted from the vehicle and hit the bonnet and he fell on the side way, but his wife Kaveri fell infront and was caught in the front wheel and bumper of the car. Despite this, the person driving the car continued to drive it with reckless speed dragging her from Ceejay House to Worli Sea link T Junction. Pradeep i.e. complainant noticed the person on the driving seat to be a young man between 22 to 25 years with long face having beard, whereas a middle aged person was occupying the seat next to the driver seat. He garnered all his courage and stood up and took note that the fleeing car was a white colour BMW with numberplate MH-48-AK 4554. Realizing that his wife was caught between the bumper and the left wheel of the vehicle, he chased the car, but being over weight, he could not match its speed. In the meantime, since he noticed a taxi on the road, he stopped the same and boarded the same in search of his wife and travelled a long distance, but could not trace her. Pradeep, approached Worli Police Station and while he was in the process of lodging the complaint, information was received on wireless, that one unknown woman was found lying in an injured condition on the sea link and she was being taken to hospital. It is further alleged that he, along with the police personnel, reached Nair Hospital, where he identified the women to be his wife, who was dead as she has sustained serious injuries. The aforesaid reporting of the incident by Pradeep Nakhwa resulted into registration of C.R. No.378 of 2024 for the above mentioned offences on 07.07.2024.

3. Upon registration of the offence, the spot panchnama was drawn and the CCTV footages along the road were collected, which identified the car responsible for the accident to be of BMW company bearing No. MH 48 AK 4554. From the CCTV footage, it was revealed that the offending car proceeded in direction of Bandra from Sea link and therefore, a squad comprising of Police Inspector Chavhan K, and A.S.I. Suttar accompanied with others proceeded in the direction, and while they were proceeding to Kala Nagar, at the Kalanagar Junction Flyover, before the mount, they noticed the car in a broken condition. Two persons were standing near the car and even the towing van was also standing nearby. Accordingly, investigation officer seized said BMW Car on 07.07.2014, arrested accused nos.1 and 2 on 07.07.2024 and thereafter arrested present applicant/accused on 09.07.2024.

4. Now, by filing present applicant, Ld. Advocate for applicant submitted that applicant has purchased seized car from respondent no.2 Rajesh