BMW car in Worli hit-and-run was used like weapon: Mumbai court refuses to release it to accused

A Mumbai sessions court on Friday rejected a plea filed by Worli hit-and-run case accused Mihir Rajesh Shah seeking release of the offending BMW car which is currently in the custody of the police [Mihir Rajesh Shah v. State of Maharashtra & Ors.].Additional sessions judge Anil D Salunkhe observed that since car was used like a weapon, it is 'evidence' and could be tampered with if it is returned to the accused..Considering the possibility of reuse or misuse of the vehicle, the plea ought to be rejected, the Court ruled.“Prima facie, considering the mode and manner of alleged incident and its consequences use of alleged vehicle is like weapon which resulted unfortunate death of Kaveri and therefore, circumstances compelled to invoke sections of BNS against applicant/accused. Therefore, considering all above aspects, possibility of reuse/misuse of the seized vehicle car or destroy the material evidence relates the same cannot be ruled out," the Court observed. .The case arose from a July 7, 2024 incident in Worli in which complainant Pradeep Nakhva and his wife Kaveri were allegedly struck by Shah’s BMW while travelling on a scooter. Kaveri died while Nakhva was injured. A first information report (FIR) was lodged invoking offences under provisions of the Bharatiya Nyaya Sanhita (BNS), the Motor Vehicles Act and related rules. The BMW was later traced and seized and multiple accused including Shah were arrested..Shah sought release of the car, saying he had purchased it and required it for personal and family use.The prosecution opposed the plea calling the episode a ‘serious criminal incident’. They argued that the speed and manner in which the car was driven and the resulting fatality meant the vehicle’s role went beyond that of an ordinary accident.They also flagged the possibility of Shah attempting to change or destroy the vehicle in question, which is a piece of evidence in the case. The Court concluded that given the nature of the allegations and the gravity of the incident, the relief sought by Shah cannot be considered. .Advocate Nitin Sejpal appeared for Shah. Additional public prosecutor Ashwini Rayakar appeared for State.[Read Order]