Seized vehicles cannot lie in front of police stations, should be released immediately: K’taka HC
Says police cannot keep possession of vehicles on ground of identification of vehicle during trial
Bengaluru: The Karnataka High Court on Thursday said the vehicles seized in criminal cases by owners cannot lie in front of police stations on the ground of identification of the vehicle during the trial of the case.
The HC was hearing a plea against a trial court order rejecting an application made under Sections 451 and 457 of the Criminal Procedure Code, for the release of a vehicle seized in a criminal case, by owners, on grounds of identification of vehicles.
A single judge bench of Justice K.Natarajan allowed the petition filed by Javvaji Dhana Theja and others and set aside the order dated 05.04.2022, by which their application for release of seized vehicles was rejected, a live law report added.
The Bench also referred the Supreme Court judgment in the case of Sunderbhai Ambalal Desai vs State Of Gujarat reported in (2002) 10 SCC 382, wherein the court has said that 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.
"Such being the case, the trial court rejecting 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.” The court said.
Accordingly, it directed the trial court to release the vehicle to the petitioners by taking out indemnity bonds with surety for the like sum to the satisfaction of the trial court.
Further, the investigation officer was directed to release the vehicle by taking out the photographs of the vehicles from different angles along with the panchnama and producing the same before the trial court for the purpose of identification.
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Dakshina Kannada: Two girls drown while bathing near Kolyadakatta dam in Kadaba
Mangaluru: Two girl students drowned while bathing near the Kolyadakatta dam area of the Gundya river on Friday evening here in the Kadaba Taluk of the district.
The deceased have been identified as Arpita (15) and Sunita (21), both residents of Vimalagiri in Kutrupadi village.
According to reports, five girl students had visited the river along with their friends as it was a holiday. While bathing in the river, the two students reportedly entered a deeper portion of the water without realising the depth and began drowning.
Those accompanying them tried to rescue the duo, but were unsuccessful, leading to the tragedy.
After receiving information about the incident, Kadaba Police Station personnel visited the spot and conducted an inspection. The bodies were later recovered with the help of local residents.
