High Court: State can’t retain Vehicle seized during Probe, Read Order

The State or Police department can't retain custody of a vehicle or property seized during a probe of a crime or pending trial, ruled the High Court of Karnataka recently.

The Kalaburagi Bench of HC ordered the Basavakalyan Police to release a Chevrolet Tavera car to its owner Syed Abdul Khadir after he fulfils the conditions set by the High Court.

Justice Dr HB Prabhakar directed Syed Abdul Khadir to execute a personal bond for a sum of Rs 5 lakh along with 2 sureties for the like amount to the satisfaction of the Trial Court. Khadir has also been asked to furnish an irrevocable bank guarantee of Rs 5 lakh, which is said to be the value of the car, in favour of the trial court.

While granting the order of release, the Judge directed that “He shall not change the colour, appearance, shape, dimension, specifications of the car in any manner. He shall ensure & maintain that the car would be in the same condition as it was seized by the police. He shall not make use of the said car in commission of any crime or offence. He shall not transfer or create any change as against the said car in favour of anybody".

Additional SP, Basavakalyan Police Station seized the car on Feb 1, 2019, near Belur village during patrolling. The Police in its complaint filed against a group of accused said that their team chased the group after stopping their car but they aimed their weapon against them & ran away.

The Police team then towed the car & during panchnama found the carcass of a deer, the head & body parts of another deer & a few live cartridges & weapons inside the car.

A case was registered under various sections of The Wild Life Act, Indian Penal Code & The Arms Act & the car was seized for further investigation. Khadir, the owner of the car filed an application with the local Magistrate’s Court seeking the release of the vehicle, which was rejected.

Also, a Sessions Court rejected his appeal, following which he moved the Kalaburgi Bench of HC seeking release of his car.

Read Order

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