What is the meaning of Superdari? Law on Interim Custody of vehicles seized by police under segment 516(a) of Code of Criminal Procedure


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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