What is the meaning of Superdari?
On the off chance that piece of
taken property is recouped from the crooks, the equivalent is kept in the
police guardianship/maalkhana for recognizable proof by the proprietor. ... Superdari
implies that proprietor needs to shield it for creation in the court till the
case is settled and wrongdoing is set up against the crook.
Law on Interim
Custody of vehicles seized by police under segment 516(a) of Code of Criminal
Procedure
1. True blue Purchaser of Motor Car
taken in care by police under S. 550 allowed Spurdari on verbal petition for
Spurdari made at time of bearing application under area 497/498.[1]
2. Application and degree property
guaranteed by a real proprietor in regard whereof some offense had been
submitted could be re-established even on close to home bond what to state of
the guarantee or security. [2]
3. Enrollment Book of the vehicle
being referred to was for the sake of the applicant vehicle however supposedly was
utilized for transportation of alcohol yet a similar itself was not such a
property as had been depicted in stipulation of area 516-A Cr.PC Car was liable
to rot and deterioration.[3]
4. Vehicle Superdari of – Petitioner
guaranteeing responsibility for same Held that: As the vehicle was not a taken
property and as it evidently had a place with the applicant it is coordinated
that the equivalent be given to him on his outfitting two protections with the
endeavor that he would create under the watchful eye of the court when so
required. [4]
5. In the event that the police is
unequivocal about the title of the truck, we have no faltering in inferring
that it is neither a taken property not a property utilized in the commission
of offense and thus the utilization of areas 523/550 Cr.PC is totally illicit.
The recuperation being unlawful and without purview, the inquiry emerges
concerning whom the conveyance ought to be given pending the contest.
6. Riasat Khan professes to be the
buyer of the truck from the aforementioned absconder Muhammad Saleem numerous
months preceding even the commission of the homicide credited to Muhammad
Saleem. He has open exchange letter in his ownership. Against this proof there
is nothing in reply with the State aside from the contention that the
enrollment of MR-1696 relates to a Bus and not Truck with the Motor
Registration Authority at Mardan.
7. Last is the position of the
police that the truck in reality has a place with Muhammad Saleem an absconder.
Despite the fact that the SHO was not exceptionally clear on the explanation
that the truck is taken into ownership since it had a place with an absconder
yet from the lead of the police it seems to have been arrested under such
impression. Regardless of whether it is kept in guardianship under such
impression and regardless of whether the truck despite everything has a place
with Muhammad Saleem, the police can't secure the ownership thereof without
getting a warrant under area 88 Cr.PC. It is conceded at the bar the; learned
AAG just as the SHO that no such warrant has so far been acquired. The
recuperation is unlawful on that score also.
8. As the vehicle No. MR-1696 isn't
a taken property and as it clearly has a place with the candidate Riasat Khan,
is coordinated to be given over to him on his outfitting a bond in a whole of
Rs. 300,000/ - with two guarantees as per the general inclination of Deputy
Registrar of this Court.
9. Without partiality it tends to be
communicated that the contest rotates around the responsibility for No. LHD
6418. The equivalent couldn't be taken into ownership under area 550 of the
Code of Criminal Procedure. The police has begat a gadget to settle the contest
of common nature of the moment classification by anticipating its power. The
challenging gatherings can get decided their proprietorship from the skilled
court. The police has no purview to choose the debate about the responsibility
for Car.[5]
10. Thusly, I acknowledge this
application and pass the request that the Car alongside the Registration Book
will be come back to Abdul Ghafoor. Altaf Hussain, Sub-Inspector/Station
Housing Officer (SHO), Police Station, Mankera, District Bhakkar has given over
the key of the Car and the Registration Book to Abdul Ghafoor applicant who is
fulfilled. He has gone out, checked the Car and has back.
11. Name in enrollment Book
proprietor has better title henceforth qualified for the possession. [6]
12. Guideline of possessor. [7]
13. Arrangement Section 516-A Cr.PC
enabled the court to convey on superdari to any individual during pendency of
preliminary, any property with respect to which any offense seemed to have been
submitted. Property was not really to be given on superdari to individual from,
whose ownership it was recovered. [8]
14. Property was not really to be
given on superdari to an individual from whose ownership it was recouped.
15. Conveyance to an individual
qualified for its ownership.
16. Name in Registration Book. [9]
17. Property asserted by unique
proprietor in regards to which an offense has been committed. [10]
18. Condition was to be additionally
crumbled if the equivalent was not conceded as superdari. [11]
19. Modification in Superdari. [12]
20. Genuine proprietor ought not be
denied of custody. [13]
21. Subject of decay. [14]
22. Two petitioners' Name in
Registration Book. [15]
23. The proprietor has given the
vehicle on lease if any offense got submitted on it. [16]
(1) 2005 P Cr. L J 533 2004, 2011. (9) 1596 MLD.
(2) 2004 YLR 943 (a) ALD 2016, 2004.
(10) 2004 943 YLR.
(3) 2004 YLR 3199 ALD 2019. (11) 358 YLR L 2004.
(4) 1997 PLR 537 ABBOTABAD. (12)
324 YLR 2003.
(5) 2001 MLD 670 LHR. (13) 2590 MLD 1991.
(6) 2000 YLR 1241. (14) 791 YLR 2003.
(7) 2006 P. Cr.LJ 311. (15) 2744 YLR 2003.
(8) 2004 MLD 1259 (a). (16) 2003 PLD PESH 89 [9].
Note:Disclamation: Errors and oversights are excepted. No obligation is acknowledged if there should be an occurrence of any misfortune or harm. All work is done deliberate and in compliance with common decency.
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