Kevin Moses Paul
26 October 2021
To answer your query, let's start from the basics. Essentially, in an accident case when the police seizes or takes into its custody the vehicle involved in the matter for the purpose of investigation or an inquiry and file a case, the owner or even any other person who has been authorized by him can file an application to get back his vehicle during the proceedings under Section 451 of CrPC.
Section 451 of the Code of Criminal Procedure (i.e. CrPC), 1973 deals with "Order for custody and disposal of property pending trial in certain cases".
It states that - When any property is produced before any Criminal Court during any inquiry or trial, the Court may make such order as it thinks fit for the proper custody of such property pending the conclusion of the inquiry or trial, and, if the property is subject to speedy and natural decay, or if it is otherwise expedient so to do, the Court may, after recording such evidence as it thinks necessary, order it to be sold or otherwise disposed of.
Explanation.- For the purposes of this section," property" includes-
(a) property of any kind or document which is produced before the Court or which is in its custody,
(b) any property regarding which an offence appears to have been committed or which appears to have been used for the commission of any offence.
Henceforth, long story short you can not object the owner from taking his vehicle from police custody until and unless the investigation is not yet complete or the results of the investigation report submitted by the police officials is questionable. In case the investigation isn't satisfactory, your lawyer can ask for proper investigation again, and then only can the owner be stooped from taking his car back, but in case the investigation is good and clear and no revision is required then you could not stop the owner from taking possession of his vehicle.
Hope It Helps!
Kevin M. Paul