THE GOAN NETWORK
PANAJI
A Mapusa magistrate has ordered the release of a rent-a-car seized in a murder case, holding that no purpose will be served by keeping it idle at the police station, as it could leave the vehicle deteriorating into junk.
Judicial Magistrate First Class Yoguesh Gaonkar observed while allowing an application by a car rental business firm, which sought release of its Maruti Suzuki Swift seized by Calangute Police in a case registered under Section 103(1) of the Bharatiya Nyaya Sanhita.
The court relied on a Bombay High Court ruling which held that the purpose of powers relating to custody of seized vehicles was to ensure that they were not left unattended at court premises or police stations “so that it does not become junk day by day”.
The applicant told the court that she runs a rent-a-car business and had given the Swift car on rent. She submitted that she was called to Calangute Police Station for inquiry after the seizure and maintained she cooperated with the investigation and had no involvement in the crime.
The magistrate noted the applicant had produced the registration certificate, tourist vehicle permit and valid insurance. The JMFC consequently allowed the application and ordered release of the car subject to an indemnity bond of Rs 5 lakh.
The applicant has been directed to produce the vehicle before the court, police or any other authority whenever required. She also cannot sell, transfer or otherwise alienate the vehicle without prior permission of the court.
The court also barred her from tampering with, destroying, modifying, or changing the vehicle’s appearance or colour without prior permission.
