No use keeping seized vehicles in front of police stations: HC

S Shyam Prasad | NT

Bengaluru: The High Court of Kar nataka has handed over vehicles allegedly used in the commission of a crime to their owners, stating that there was no use keeping them in front of the police stations. The owners of these vehicles are not accused of the crime, and therefore the vehicles should be released to them while the criminal case is pending, the HC has said.

Javvaji Dhana Theja, Jayalakshmi and Nandhini S Prakash approached the High Court as the owners of a car, bike and auto rickshaw respectively. These vehicles were seized by the Rajarajeshwarinagar police during the investigation of an attempted murder case.

The case is pending before the Sessions Court. The three owners approached the Sessions court to get their vehicles released from police custody, but their pleas were rejected, after which they approached the HC.

Justice K Natarajan heard the case and cited an earlier Supreme Court judgement (Sunderbhat Ambalal Desai Vs State of Gujarat) and said “vehicles shall not be allowed to lie idle in front of the police station. The Magistrate or the Court shall dispose of the application for releasing the vehicles to the RC owners, by imposing certain conditions.”

The HC said that this was a similar situation. “Such being the case, the trial court’s rejection of the application for releasing the vehicle is not correct, and if the vehicles are allowed to lie in front of the police station, there may be wear and tear and it cannot be possible for the police to bring the vehicles to the court for the purpose of identification.”

Setting aside the lower court order, the HC said, “The Hon’ble Supreme Court also laid down the guidelines for the taking of photographs of the vehicle with the panchanama by the Investigation Officer while releasing the vehicle. Such being the case, on the ground of identification rejecting the application for release of vehicles is not correct.”

Allowing the petition, the HC directed the release of the vehicles to its owners on the production of indemnity bonds of Rs 3 lakh for the Honda City car, Rs 30,000 for the Honda Dio bike and Rs 75,000 for the Bajaj auto.

“The investigation officer is directed to release the vehicles by taking out photographs of the vehicles in different angles along with the panchanama and producing the same before the trial court for the purpose of identification,” the HC ordered.