Mumbai, Apr 24 (PTI) A Mumbai court on Friday rejected a plea, filed by former Shiv Sena leader Rajesh Shah's son, seeking return of the BMW car involved in a 2024 hit-and-run accident that killed a 45-year-old woman, noting the high-end vehicle was used as a "weapon" and can be misused again.
The BMW car was driven allegedly by Rajesh Shah's son Mihir, currently in jail under judicial custody, at the time of the accident on July 7, 2024.
Prima-facie, the vehicle was used "like a weapon and the possibility of its re-use/misuse cannot be ruled out," Additional Sessions Judge Anil D Salunkhe said while rejecting the plea.
The 24-year-old son of the former Shiv Sena leader was arrested three days after he allegedly rammed his BMW car into a two-wheeler in the Worli area, killing a woman, Kaveri Nakhwa, and leaving her husband Pradeep injured.
The car was seized by police as part of probe into the crash.
Mihir Shah had sought return of the car, saying he required it for business and family purposes.
His lawyer submitted that the investigation was complete, a chargesheet had been filed, and the original owner had no objection to the car being handed over to the Shah family.
But the prosecution flagged the possibility of destruction of material evidence in case the luxury car was handed back to Mihir Shah.
Public Prosecutor Ashwini Rayakar argued that it was not just a case of a car accident, but a serious incident for which the accused has been booked under Bhartiya Nyaya Sanhita (BNS) sections 105 (culpable homicide not amounting to murder) and 281 (rash driving), alongside various violations of the Motor Vehicle Act.
The accused has been in judicial custody since July 2024 and has not been granted bail because of serious allegations against him, he said.
The court, after considering all aspects of the case, concluded that there was a "possibility of reuse/misuse of the seized car".
Concurring with the prosecution's argument, the court stated the possibility of destroying the material evidence in the case cannot be ruled out.