Friday, April 2, 2010

AP High Court tells cops not to go into BMW bank transactions

By S A Ishaqui

Hyderabad,April 1: The Andhra Pradesh High Court on Thursday directed the Hyderabad city police to desist from conducting a ‘roving’ inquiry into a cheating case registered against BMW India Pvt Ltd, an automobile major.

The City Central Crime Station authorities registered a case against the company for allegedly fudging retail sales figures and selling a defective car to a customer.
GVR Infra Projects Ltd, represented by its managing director Mr G. Pavan Kumar, lodged the case against BMW.

The BMW company filed a writ petition seeking a direction to declare the action of the police in issuing notice under Section 91 of CrPC and carrying out raids at the premises of its dealers at various places in India as illegal.

Mr C. Kodandaram, senior counsel, arguing on behalf of the BMW before Justice C.V. Nagarjuna Reddy, said that the police sought details of bank accounts and statement of bank transactions till September 25, 2009. He contended that the action of the police is beyond the scope of its investigation.

The judge asked the assistant government pleader for home department, Ms Rachana why the authorities sought details of bank transactions. She said the manner and method adopted to investigate a case depends on the discretion of the investigating official. She sought time to file her reply and urged the court to adjourn the matter.

However, Mr Kodandaram objected and argued that the actions of the investigating authorities at the behest of third parties showed they were intended solely to tarnish the image of the company in India. The judge instructed the police to probe into the ingredients of the complaint only and adjourned the case for two weeks.

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