• Police impounded my Car

Due to one land dispute with a Neighbour, which has been going for 3 years now, They filed a false FIR against me accusing of rape, attempt to hit them with my car etc.. I had not taken a bail as my lawyer was delaying it as he claims he was busy. Finally i and my neighbour compromised and settled the matter, and they agreed to withdraw the case. Since the lady had given a statement in front of the magistrate, it was told that it can only be cancelled once it reaches court for evidence hearing.

In the meanwhile the police Impounded my New car, and haven't provided me anything receipt for the same. Lucikily I managed to get the PF number for the vehicle, but again with out any documentation. I have now taken bail from court, and applied for release of my car as well. 

My question is

1. what happens if my car is damaged at the police station, as there is a high chance as the SI asked for bribe which i have refused.
2. any valuables that was in my car is missing.

In case of any one of the above, what action can i take against the SI from the court of Law.

Regards

Vinod
Asked 7 years ago in Criminal Law
Religion: Christian

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4 Answers

1. Police is bound to give a copy of seizure memo to the owner at the time of impounding the car.

2. You can immediately file an application to the court concerned to release your vehicle. The car will surely get damaged at the police station or some of its parts such as AC would be missing by the time it is returned to you. Apply to the court for release of vehicle, there is no need to pay bribe.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Issue legal notice in case your car is damaged

2) you can sue for damages if your car is damaged

Ajay Sethi
Advocate, Mumbai
95533 Answers
7656 Consultations

5.0 on 5.0

1. After the decision of supreme court the state is responsible to compensate the loss caused to your car.

2. You will be compensated for this too.

3. Do note if there is no seizure list of valuables lying in the car then you will not be compensated for the same.

Devajyoti Barman
Advocate, Kolkata
22994 Answers
501 Consultations

5.0 on 5.0

1. what happens if my car is damaged at the police station, as there is a high chance as the SI asked for bribe which i have refused.

You canot take any action agaisnt police becasue they will not respond to any action taken in this regard agaisnt them. You can try the option for insurance claim.

2. any valuables that was in my car is missing.

You may have to lodge a complaint in the same station, of course you may not get any relief for your complaint except a FIR that too on pressure.

T Kalaiselvan
Advocate, Vellore
85734 Answers
2266 Consultations

5.0 on 5.0

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