Return Luxury cars seized on Republic Day: Bombay HC to BKC Police

On Thursday, the police were reportedly ordered by the Bombay High Court to restore the high-end vehicles that were seized from a mall in Bandra-Kurla Complex (BKC) on January 26. Luxury automobiles like Porsche, Mercedes, Ferrari, Audi, Lamborghini, Jaguar, and BMW were among the seized vehicles.

While hearing petitions filed by several car owners, a bench of Justices Anuja Prabhudessai and N R Borkar passed the order after the State was unable to satisfy the court on the legality of the seizure.

To commemorate Republic Day, an event management firm had planned a rally in which the automobiles were to take part. Beginning from BKC, it was to travel to Atal Setu, Mumbai Trans Harbour Link, and return. The car-owners moved the court after the BKC police seized 41 high-end cars and booked 43 people for violating unlawful assembly orders, the Hindustan Times reported. 

The petitions sought the return of the respective vehicles and to quash the First Information Reports lodged by the police against them. It was the petitioners case that the States action was illegal. Advocate Aabad Ponda appearing for the petitioners argued that following a verbal dispute between the police and one of the automobile owners, the FIR was filed. Ponda drew attention to the disparities in the letters that the police had sent to the owners, claiming that at first, they had accused them of having incorrect paperwork and then they had connected the police action to unapproved modifications made to the automobiles. 

This is a misuse of authority, the advocate pointed out. 

Seemingly in agreement, the judge questioned why the automobile owners had not received any earlier notices regarding the cars. 

But the State persisted in defending the polices action, claiming that the rally's public gathering was unlawful. Reference was made to an order which banned the assembly or five or more individuals from January 23 to February 2, owing to Republic Day.