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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Bengaluru: Four held for abducting man; ex-girlfriend named as mastermind
Bengaluru, Jul 26 (PTI): A man reported missing was traced and rescued after police arrested four suspects in connection with a kidnapping plot allegedly planned by his ex-girlfriend.
The arrested have been identified as Mohammed Asif Risaldar (42), Mohammed Sohail Sheikh (25), Salman Pasha (22), and Mohammed Nawaz (27), police added.
Lawrence Melwin, in his 30s, had worked in Dubai for the past six years as a manager with a travel agency. He returned to Bengaluru six to seven months ago to care for his ailing father, police said.
Melwin, known to be a skilled poker player, is believed to have amassed "considerable wealth" through the game, they added.
The case came to light on July 16 when Melwin’s mother filed a missing person complaint at the Ashok Nagar police station. She told police that her son, who had been staying at a hotel after a brief stay at home, had not responded to calls since July 14.
Investigations revealed that Melwin had left in a cab with his former girlfriend in the early hours of July 14. She had allegedly insisted on meeting him and booked the cab, police said.
After travelling some distance, the cab took a detour and stopped a short distance away, at which point two men entered the vehicle and allegedly covered Melwin’s face with a cloth mask.
He was reportedly assaulted, and the kidnappers took his phone and bag containing cash. They also forced him to reveal his passwords, police added.
Melwin was taken to a service apartment, where he was held captive for several days. The abductors demanded Rs 50 lakh for his release, police claimed.
Despite being "confined and beaten", Melwin managed to send a distress message to his family through someone who volunteered to help after hearing his cries, leading police to the location.
On July 23, using technical surveillance and local intelligence, police traced the service apartment and rescued Melwin. The four accused were arrested, eventually.
During interrogation, the suspects reportedly confessed that Melwin’s former girlfriend had masterminded the abduction with help from her associates.
Police said efforts are underway to trace and arrest the remaining accused.
