Mumbai: High Court Directs Immediate Release of Seized Luxury Cars, Cites Lack of Legal Justification

Mumbai, 2nd February 2024: In response to a petition filed by the owners of 31 luxury cars seized by the BKC police station on January 26, the Bombay High Court has issued a directive for the immediate release of the vehicles, including high-end brands like Ferrari and Lamborghini. The court order, issued by the division bench of Justices Anuja Prabhudessai and N R Borkar, was prompted by the prosecution’s failure to satisfactorily establish the legality of the seizure.

Senior counsel Aabad Ponda and counsel Sudatt Patil, representing business persons including Mohit Chuganee, argued that the police had acted in a “high-handed” manner, deviating from established legal procedures during the seizure of the vehicles, currently housed on the premises of a mall.

The car owners sought relief in the High Court, requesting the quashing of an FIR registered by the BKC police station on January 26, 2024, based on a complaint filed by a constable. They also sought the return of their luxury cars among the 41 detained following an event at a BKC mall, alleging a violation of legal procedures.

However, the court noted the prosecution’s failure to provide a proper justification for the seizure and emphasized the absence of adherence to due process. The police had invoked Section 188 of the IPC for flouting orders preventing the assembly of five or more persons, along with provisions of the Maharashtra Police Act. The car owners argued that their fundamental right to move freely within the territory of India under Article 19(1)(d) was “blatantly violated” under the guise of a purportedly malicious prosecution.

The central point of contention before the High Court pertained to the legal provision under which the cars were seized, with the court finding the police’s justification inadequate and lacking procedural regularity.