Court orders police to handover City Kinara restaurant to owner

MUMBAI: The sessions court has directed the Mumbai police to hand over Hotel City Kinara back to its owner Sudish Hegde, who was arrested after a fire broke out almost a decade ago in the hotel, killing eight people in October 2015.
After the incident, the police as part of its investigation had seized and sealed the hotel. The court passed the order in response to the plea filed by Hegde, to release or de-seal the hotel, which is located opposite to Kohinoor mall in Kurla west.
The court observed that the investigating officer does not have the authority to seize or seal any immovable property, that too for any uncertain period.
The incident occurred on October 16, 2015, at around 1.30 pm when a fire broke out at Hotel City Kinara, killing eight people- seven students from Don Bosco Institute of Technology, Kurla, and an engineer. According to the then additional commissioner of police, central region, the fire broke out due to a suspected gas leak on the first floor of the building, along with a short circuit.
The prosecution, while requesting the court to reject Hegde’s plea, submitted that he did not obtain a ‘No Objection Certificate’ from the fire department, and used more than the authorised premises for business purposes.
The eatery allegedly had a licence only for the ground floor, and the first floor was reportedly constructed illegally. The prosecution submitted that due to Hegde’s rash and negligent act, the death of eight innocent persons took place. “Even, in respect of offences in this case, more than sufficient evidence is collected to prove the offence”, submitted Additional Public Prosecutor Vijay Malankar.
Hegde’s advocate Anish Sharma submitted that the police do not have the authority to seize and seal the hotel permanently. They submitted that the final outcome of the trial would decide if the accused is guilty or not. While observing that the state did not challenge the ownership of the hotel, the defence submitted, “To decide the ownership and possession is an exclusive domain of civil jurisdiction and not the job of police authority.”
The additional sessions judge Chakor Shrikrishna Baviskar, while allowing the plea, observed, “The present applicant/accused may be held guilty for the alleged offences so far as his rash and negligent act of causinG death of eight innocent persons, as alleged by the prosecution in this case.” However, he stated that it is “altogether different with the power of police machinery to seize and seal the spot of the incident permanently.”