Janhavi Gadkar Drunk Driving Case | Not Inclined To Permit Sale Of Offending Audi Car: Bombay High Court

The Bombay High Court on Thursday (June 11) expressed that it was not prima facie inclined to allow Janhavi Gadkar, the corporate lawyer booked in the high-profile drunk driving case, to sell her Audi Q5 car, which had collided with a taxi on the Eastern Freeway and killed two persons in June 2015.

Single-judge Justice Madhav Jamdar, said that permitting to sell the vehicle in question would amount to 'destruction' of primary evidence in the case. 

Notably, Gadkar's plea to sell the offending car was rejected by the trial court on August 2, 2023 and she therefore moved the High Court seeking permission to sell the vehicle. 

In a hearing held today evening, Gadkar's counsel Ashwin Thool told the court that the maintenance of the car is too high and thus his client has decided to sell the same. He said that after the trial court granted her the vehicle's custody, she carried out the requisite repairs on the car and also got it painted and thus, now wants to sell it. 

"The evidentiary value of the vehicle has diminished... I have repainted the vehicle etc... But the evidence in the form of Panchanama, photographs and also the report of the experts etc continues to be with the court," Thool submitted. 

However, Justice Jamdar pointed out that the Vehicle is in Gadkar's possession and in this case, two persons have lost life and some others were left severely injured. This was in response to Thool's reliance on a Supreme Court judgment, which he claimed supported his case for selling the offending vehicle. 

"Which SC judgment says you can go and sell the vehicle... The order you are relying on is only for insurance purposes not for accused to go and sell the vehicle.. The purpose of those judgments is that the vehicle should not be in the police station..." Justice Jamdar remarked. 

Further, the judge made it clear that he will not go by what the rulings from Delhi High Court or the Allahabad High Court say as he was not 'bound' by the said rulings. He said he will strictly follow the ruling of the Supreme Court which in no clear terms permits an accused to sell the offending vehicle during the pendency of the trial.

"The purpose of the Supreme Court is for insurance purpose and not for destroying primary evidence... What you are seeking is destroying of evidence... At this prima facie stage, I am not inclined to permit you... Still come back with any ruling, which you think is in your favour will consider in the next hearing...." Justice Jamdar said while adjourning the hearing till June 17.

However, when the additional public prosecutor highlighted that from the last 10 years the case has not moved ahead as there has bene no framing of charges yet, Justice Jamdar asked Thool to even come with instructions on withdrawing the instant plea. 

Case Title: Janhavi Ajit Gadkar vs State of Maharashtra (WP/6626/2024)