law of superdari

8/18/2019 Law of Superdari

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LAW OF SUPERDARI

Delivery of property, Property seized normally to be given persona from whose possession it is taken

unless there are special reasons for doing otherwise order passed on basis of ownership not justified. 1973 PCr.LJ 288.

Temporary Custody. Temporary Custody of the property is to be made during the pendency of the

inquiry or trail, as the case may be temporary custody also allowed to be retained by accused in

circumstances, pending hearing of complaint on condition of his furnishing security and payment of

hearing charges fixed at Rs.200 p.m. 1973 PCr.L.J.626

Property uses for omission of any offence. The property can be obtained only if it has been used for

the commission of any offence [PLD 1968 Lah.185 = 20 DLR W.P.84]. In a prosecution of a motor

driver for an offence under section 338 of the PPC the car cannot be said to have been used by theaccused for the commission of the offence with meaning of section 516-A Cr.P.C. if is illegal

therefore, for the Magistrate to detain the motor car pending conclusion of the trail. [AIR 1931 Lah,

565] Property allegedly used in commission of offence owned and claimed by person not doing

anything to advance commission of offence. Court bound to release such property for proper custody

of car from its owner, held, entirely unjustified in circumstances, [1970 P.Cr.LJ 1215, Lah] where a

motor truck of a businessman had been detained for a long period on the ground that it was required

as an exhibit in case against the driver under Arms Act, in respect of a revolver an some true

cartridges found in it, it was held that, the order of detention was neither proper no reasonable,

particularly when a previous order for its release had been passed upon security and the security

had been finished. AIR 1949 Pat. 44

Similarly a bus cannot be detained where the allegations against the driver of the bus are that he

was not warning the prescribed uniform and that he refused to produce the driving license, and

against the conductor that he was carrying 59 passengers though the permit was 48 passengers and

that certain bundles were placed on the top which exceeded the permissible height. There was no

allegation that any offence of have been committed regarding the bus, nor was there any allegation

to the effect that there was any mechanical defect in the bus. AIR 1963 Raj 13.

Taxi car allegedly purchased on installment basis but terms of purchase neither record in writing nor

fully payment established. Owners, no other hand establishing ownership by producing sale deed,

registration certificate, and permit for plying. No valid justification, held existed for withholding

possession of Taxi Car from owner during pendency of Criminal proceedings —- owner restored the

possession but ordered to furnish bank guarantee for safe-guard of interest of other claimants –

criminal procedure Code, Sections 439 and 561-A. 1972 PCr.J 678 Kar.

Vehicle used, vehicle used for going to and escaping from the place of incident is not covered by

expression “Property used for the commission of an Offence”. 1971 PCrLJ 19 (DB).


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Superdari of Car. Taken into possession by High Court in proceedings under section 491 Cr.P.C.

finding the car to have been purchased with the money of the woman involved in the proceeding

ordering it to be placed in the custody of the father of the woman till question of ownership was

decided by the civil court. Order of the High Court held proper. 197 SCMR 293 (SC)

Custody of Car. Car recovered form petitioner but respondent prima-facie purchaser of car. Strongindication exist showing car not belonging to petitioner on day of its recovery. Order giving custody to

respondent maintained. 1973 PCr.J 617

Car depreciates in storage. It should be given to one of the parties subject to proper security for

production in Court. 1973 P.Cr.LJ Note 53

Car in used in commission of the offence. Owned and claimed by a person not doing anything to

advance commission of offence. Court bound to release such property for “proper custody” under

section 515-A Cr.P.C. order of the magistrate withholding custody of car from its owner held entire

unjustified. 1970 PCr.LJ 1215.

Car Superdari. Despite regarding motor car. It is better to entrust car to an automobile dealer. 1968

PCr.LJ 1738 (SC)

Superdari order should be passed in favour of a person entitled to its possession of from whom it

was recovered unless there are strong reason against it refusal by Magistrate that the car when

given on superdari will be recklessly used and depreciate in value is un-lawful. PLJ 1976 Lah. 181

Superdari, proper custody, Taxi car belonging to petitioner used for going to and escaping form place

of incident by some culprits. Allegation, held was not converted by words, which appears to have

been sue do commission of any office used in section 516 Cr.P.C. custody of car handed over to

petitioner. 1989 PCr.LJ 1110.

Section 516-A & 517 Constitution of Pakistan 1973 Art. 199 Custom of bus after hearing parties

including petitioners. Second other passed S.D.M. directing to keep bus in police custody. Impugned

order interfered with as adequate remedy was available against second order which could

rerecorded to WRIT PETITION, held, was not maintainable in circumstances. 1989 P.Cr.L.J 549.

Custody of Rickshaw taken by accused on hire. And removed another district without making

payment. Accused side it was a case of civil nature, the temporary custody be allowed to remain with

him. Court allowed rickshaw to be retained by accused on payment of hire charges at Rs.200 p.m.

1973 PCr.LJ 626.

Rash and negligent driving. A driver is prosecuted for rash and negligent driving. His car cannot be

detained as case property.


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Confiscation of jeep. Is bad in law when accused is charged for murderous assault with a revolver.

AIR 1931 Lah. 565.

Confiscation of Jeep. Is bad in law when accuse is charged for murderous assault with a revolver.

1971 PCr.LJ 19

Car alleged to have been stolen recovered form bonafide purchaser order to be given to form whom

recovered, on superdari, till it is identified by the court as subjected – matter of theft. 1970 PCrLJ

875.

Custody of truck. Seized under foodstuff control Act, and standing in police Malkahan, given to its

owner on heavy security, as the truck was liable to deteriorate in police Malkhana. 1976 PCr.LJ 452.

Offence under section 3 and 6, West Pakistan Food Control Act 1958. Truck handed over to owner

as it would deteriorate if kept in Malkhana. PLD 1974 Cr.C Lah. 53.

Conveyance of offender. Cannot automatically be forfeited without the order of a Magistrate. PLD

1976 Pesh. 144.

Entitlement to custody not ascertained. Ownership by itself is not enough to establish entitlement to

custody. Magistrate giving cattle on superdari to applicant without sending for police record or

ascertaining entitlement to custody the Magistrate held, acted perfunctorily order set aside. 1976

P.Cr.LJ 632.

Section 516-A does apply where the matter does not go up to the stage of inquiry or trial in a

Criminal. [AIR 1938 Cal.17=AIR 1942 Bom 42] or where the property is brought into the court by the

police and proceedings under section 512 in which it is not open to the magistrate to give any finding

of fact as regards the guilt of the accused or other wise. (AIR1958 Madh. PRA. 39) where the

magistrate after receiving a complaint in respect of the theft of the lorry issued a such warrant as a

result of which ascertain lorry was seized but on objection the magistrate ordered the delivery of the

lorry. To the objector on his furnishing security purporting to act under section 516-A the order for

delivery is passed because during the pendency of an enquiry although this stage of the trial and not

been reach, and to the order is covered by section 561-A. AIR 1958 Andh. L.T 479.

Custody of crime weapon distinguishable from custody of any other property involved in crime such

as motor car or any other means of transport magistrate refuses to hand over weapon offence to

accused on superdari pending inquiry and trial of case. Order of magistrate held perfectly

reasonable. 1971 PCrLJ 255 Lah. AIR 1931 Lah. 565, AIR 1949 Pat. 44, PLD 1965 Lah. 425.

Superdari of case property given to petitioner. By trial court sessions court on revision setting aside

superdari order. High court setting aside order of session court and restoring superdari order on the

trial court. NLR 1991 Cr.LJ 702.


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Comparison of section 561-A and 523 Cr.P.C. 516-A/D with cases which have actually before the

criminal code for inquiry or trial. 1968 P.Cr.LJ 936, AIR 1954 CAL 350.

While section 516-A enables the magistrate to provide for the interims custody of goods pending the

conclusion of the inquiry or trial. Section 517 provides for the disposal of property after inquiry or trial

is over. In connection with the order under section 516-A there is necessarily no appeal because theorder is not a final order. And is subject revision when the case is actually disposed off by the

criminal code. Such fresh consideration of the matter will be under section 517 of the court.

Therefore, only an order under section 517 is made appealable where there has been no enquiry or

trial in a criminal court, the property section to apply will be section 523, whichever may be Act under

which the offence might have been committed and whatever happen in connection of seizer of

property by the police during investigation without any inquiry by the magistrate. Under section 516-

Cr.P.C and for the temporary custody of the property is to be made during the pendency of the

inquiry or trial as the case may be while under section 523 Cr.P.C. an order is to be made for the

disposal of the property in certain circumstances or for the custody of its possession for its

possession to the person entitled to possession, for instance, when the case is not sent up for trial itmay be sent for trial. It may be observed that entitlement to possession cannot be equated with

ownership. A stage might well arise in the case after an order passed by the court under section 523

Cr.P.C. During investigation delivering possession of the property to a person is made that he may

be sent up for trial. In such an eventually, the court would not helpless to pass an other order under

section 517 Cr.P.C. on the conclusion of the enquiry or trial. Generally (i) if an article is recovered

from a person against home there is no allegation of any crime, the custody of the same may be

entrusted to such person on superdari and E.R.Bond (ii) if an article is recovered from a person and

it is clear that the article was stolen, the same may be handed over to the owner on Superdari and

E.R.Bond. where a trolley was recovered form the accused who had unlawfully taken possession of

it, the petitioner being loss in possession of disputed property at the commission crime was prima-facie entitled to its interim custody but the generally rule that interim custody of movable property

should be given to the person from home it was seized by police was not inflexible and interim

custody of property could be given to an other person too when facts and circumstances of the case

so warranted. Where a disputed scooter was recovered by police as stolen property. Petitioner and

respondent both had purchased the scooter at different occasions for valuable consideration. The

respondent was held to has preference over the petitioner being earlier purchaser from accused.

Where a car was given on hire purchase basis to a by petitioner and he continue to pay the

installments regularly. But subsequently an other identical agreement was made with driver of A. on

a complaint by A, but where no higher purchaser agreement was executed. Between the parties and

it cannot be said that the purchaser has become owner of the property on the date its removal by theowner. Has all the papers and registration etc. were is the name of the owner the court ordered that

taxi be given in the superdari of the owner on his given bank guarantee for Rs.15,000/- to safe guard

the interest of the other parties to the disputes. 1972 PCr.LJ 678.

law of superdari

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