The Worli police opposed the plea stating that if the car's interim custody is handed over to the accused, there is a possibility of destruction of evidence. (Express file photo)A sessions court on Friday rejected a plea filed by an accused in the 2024 Worli hit-and-run accident case, seeking return of his BMW car.The court said that prima facie the use of the car was “like a weapon”, resulting in the death of a woman.Mihir Shah, the accused and son of a former Shiv Sena leader, had filed the application seeking the return of the BMW car, which was seized by the Mumbai Police after the accident on July 7, 2024.“…considering nature of alleged incident, role played by applicant/accused including its gravity and consequences, relief claimed by applicant (Mihir) is not considerable,” Additional Sessions Judge Anil D Salunkhe said.Mihir, who has been behind bars since his arrest in July 2024, had said in his application that he was not involved in the accident and needs custody of the car for personal and business purposes pending trial.“So, 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 section 105, 281, etc 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 further said. The sections under the Bharatiya Nyaya Sanhita pertain to culpable homicide not amounting to murder and rash and negligent driving.While Mihir had cited a judgment related to procedure of seized articles pending trial, the court said that it was not helpful to him, considering the nature of the alleged incident.Story continues below this adThe Worli police opposed the plea stating that if the car’s interim custody is handed over to the accused, there is a possibility of destruction of evidence. Prosecutor Ashwini Rayakar also submitted that the court should consider the facts of the case while deciding the plea.On July 7, 2024, around 5.25 am, Shah, driving the BMW car in Worli, had allegedly rammed it into a two-wheeler on which Pradip Nakhawa(50), and his wife Kaveri Nakhawa(45), were travelling.Kaveri got stuck between the car’s bumper and tire and was allegedly dragged for nearly 2 km before being flung onto the road, leading to her death. As per the police, Shah had allegedly switched seats with his driver, Rajrishi Bindawat. When they reached Bandra, the car broke down and Shah called his father, Rajesh, who allegedly came and helped his son to flee.Shah was arrested two days after the incident and his bail was rejected by the Bombay High Court and the Supreme Court.Story continues below this adThe court has scheduled the next hearing on April 29 for further proceedings on framing of charges against the accused.Sadaf Modak is a distinguished Legal Correspondent based in Mumbai whose work demonstrates exceptional Expertise and Authority in covering the intricacies of the judicial and correctional systems. Reporting for The Indian Express, she is a highly Trustworthy source for in-depth coverage of courtroom proceedings and human rights issues. Expertise Specialized Role: As a dedicated Legal Correspondent, Sadaf Modak possesses deep, specialized knowledge of legal procedures, statutes, and judicial operations, lending immense Authority to her reports. 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