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BMW 'Like a Weapon': Mumbai Court Rejects Hit-and-Run Accused's Car Custody Plea
In a stark ruling that underscores the gravity of a fatal hit-and-run, a has denied prime accused Mihir Shah's application for the return of his seized BMW car. Additional Sessions Judge Anil D. Salunkhe ruled on April 24, 2026, that releasing the vehicle—used in the July 7, 2024, Worli tragedy—posed risks of evidence destruction, treating it not as mere transport but as a tool in a serious crime under , , and others of the Bharatiya Nyaya Sanhita (BNS).
Mihir Shah, 25, son of former Shiv Sena leader Rajesh Shah from Palghar, remains in judicial custody since his arrest days after the incident. The court weighed his personal needs against the prosecution's concerns in Sessions Case No. 850/2024.
Dawn of Disaster: The Worli Collision
The nightmare unfolded at 5:25 a.m. on July 7, 2024, on Dr. Annie Besant Road near Ceejay House, Worli. Pradeep Nakhva and his wife Kaveri, 45, rode a Suzuki Access scooter toward Worli Koliwada when a white BMW 530D M Sport (MH-48-AK-4554) struck them at high speed. Pradeep was flung aside with injuries, but Kaveri was trapped under the car's front wheel and bumper, dragged over 1.5 km to the Worli Sea Face-Bandra-Worli Sea Link junction.
Eyewitness Pradeep spotted a young bearded driver (later identified as Mihir) and a middle-aged passenger (driver Rajrishi Bidawat). He chased in a taxi but lost them. At Worli Police Station, news broke of an injured woman on the Sea Link, rushed to Nair Hospital—Kaveri, declared dead from severe injuries.
CCTV footage confirmed the BMW, found wrecked at Kalanagar Junction. Police seized it on July 7, 2024, arresting Bidawat and another that day, Mihir on July 9. Charges include , 281, 125(b), 238, 324(4), plus Motor Vehicles Act violations. A chargesheet is filed.
'My Car, My Need': Accused's Bid for Release
Mihir, claiming ownership via a May 18, 2023, delivery note from seller Rajesh Vasantrai Doshi (who filed no-objection), argued he required the BMW for personal, business, and family use. His counsel, Nitin Sejpal, cited the 's Sunderbhai Ambalal Desai vs. State of Gujarat (2003), urging release of muddamal (seized property) pending trial, insisting Mihir was unconnected to the crime.
'Evidence at Stake': Prosecution's Fierce Opposition
Ld. APP Ashwini Rayakar countered this wasn't a simple accident but a "serious criminal incident." The BMW's "factual position" is crucial evidence; release risked tampering or destruction. With Mihir's bail pending before the and his alleged role in dragging Kaveri to her death, the car transcends vehicle status—it's integral to proving rashness and speed.
Worli PI's affidavit confirmed seizure, emphasizing gravity under BNS provisions.
Weighing Precedents: Why Sunderbhai Falls Short
Judge Salunkhe reviewed the chargesheet, distinguishing this from
Sunderbhai
. There, routine disposal was advised; here, prima facie evidence showed Mihir driving recklessly, lifting victims onto the bonnet, dragging Kaveri fatally.
"Circumstances compelled to invoke Section 105, 281, etc.,"
invoking the car as a "weapon."
Court's Cutting Observations
Key extracts from the judgment illuminate the reasoning:
"Prima facie, considering the mode and manner of alleged incident and its consequences use of alleged vehicle is like weapon which resulted unfortunate death of Kaveri."
"Possibility of reuse/misuse of the seized vehicle car or destroy the material evidence relates the same cannot be ruled out."
"Considering nature of alleged incident, role played by applicant/accused including its gravity and consequences, relief claimed by applicant is not considerable."
"Considering the difference of the facts of the case in hand and facts in the case of Sunderbhai Ambalal Desai case (cited supra), those observations are not helpful to the applicant."
These quotes highlight the court's focus on evidentiary integrity over convenience.
No Keys for the Accused: Order and Fallout
ORDER: Application Exh.31 is hereby rejected.
The BMW stays in police custody as trial evidence. This sets a cautionary precedent for hit-and-run cases escalating to homicide-like charges: vehicles aren't casually returned if central to the crime's proof. For victims' families, it's validation; for the accused, a hurdle in a high-profile probe drawing national scrutiny. Future pleas must prove no tampering risk amid grave allegations.
