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Petitioner: HAJI QAZI VS Respondent: StateHonorable Justice Riazat Ali SaharSyed Madad Ali Shah
2013 M L D 1488
[Sindh]
Before Riazat Ali Sahar, J
HAJI QAZI---Applicant
Versus
The STATE---Respondent
Criminal Revision Application No.S-153 of 2012, decided on 7th January, 2013.
Criminal Procedure Code (V of 1898)---
----S. 516-A---Superdari of vehicle---Order for detention of a vehicle used in the commission of an offence for an indefinite period---Legality---Restoration of vehicle to its purchaser to get it transferred in his name---Vehicle in question was detained by police in connection with an offence---Plea of applicant was that he was bona fide purchaser of the vehicle by virtue of a sale deed coupled with possession of original registration book and transfer certificate, and that vehicle could not be transferred in his name till its physical examination before the motor vehicle authority, therefore vehicle should be restored to him to get it transferred in his name---Validity---Vehicle in question was present in the premises of the police station---Neither the vehicle was involved in any other crime nor any other claimant appeared for its restoration---Trial Court passed an order for detention of the vehicle for an indefinite period, which was an abuse of the process of law---According to the F.I.R. vehicle was involved during the commission of the offence, but the vehicle itself did not commit any offence, therefore, it could not be detained for an indefinite period---Even though the case was under dormant file due to abscondment of accused persons, but the law did not permit to detain any vehicle for an indefinite period---Order for detention of vehicle was set aside and Trial Court was directed to release/hand over the vehicle to the applicant on superdari basis so that he could get it transferred in his name---Revision application was disposed of accordingly.
Ali Raza Asif v. Superintendent of Police, Hafizabad and 3 others 1998 PCr.LJ 1089 rel.
Syed Madad Ali Shah for Applicant.
Syed Meeral Shah, D.P.G. for the State.
ORDER
RIAZAT ALI SAHAR, J.---Through this criminal revision application, the applicant seeks restoration of vehicle bearing registration No.ARE-545, Engine No.X-767887 and Chassis No.NZE120-6093950, as the same has been involved in Crime No.121 of 2012 of Police Station, Kunri for offences punishable under sections 395, 324 and 504, P.P.C.
2. It is, inter alia, contended by the learned counsel for the applicant that the case in which the vehicle is involved has been disposed of by the trial Court vide judgment dated 7-11-2012, whereby the learned trial Court detained the vehicle in question for indefinite period. He further contended that the applicant is bona fide purchaser of the vehicle by virtue of sale deed coupled with possession of original registration book and transfer certificate. He further contended that vehicle cannot be transferred in the name of applicant till its physical examination before the motor vehicle authority, therefore, if the vehicle is restored, the applicant is under obligation to get transferred it in his name in accordance with law. In support of his contention, he has relied upon the case of ALI RAZA ASIF v. SUPERINTENDENT OF POLICE, HAFIZABAD and 3 others (1998 PCr.LJ1089)
Learned D.P.-G. raised no objection to the restoration of vehicle in question to the applicant.
I have considered the respective submissions of learned counsel for the applicant and learned D.P.-G. and examined the record meticulously.
The report of S.H.O. Police Station Kunri reflects that the car in question is detained by the police and is available within the premises of Police Station, Kunri and neither the vehicle is involved in any other crime nor any other claimant appeared at police station for restoration of the vehicle. The trial Court while passing the judgment dated 7-11-2012 passed the property order in the bottom of the judgment, whereby the vehicle was detained for indefinite period, which is abuse of process of law. As per F.I.R., the vehicle is involved during the commission of offence, but the vehicle itself did not commit any offence, therefore, it cannot be detained for indefinite period. Even through the case is under dormant file due to absconsion of two accused persons, but the law does not permit to detained any vehicle for indefinite period.
In view of the above circumstances and the case-law relied upon by the learned counsel for the applicant, the property order dated 7-11-2012 is hereby set aside and the trial Court is directed to release/hand over the vehicle in question to the applicant on Superdari basis subject to furnishing P.R. bond in the sum of Rs.200,000 (Rupees two lacs) to the satisfaction of trial Court. Applicant is directed to get the vehicle transferred in his own name in accordance with law within (30) thirty days on receipt of vehicle from the trial Court under its intimation. The office is directed to hand over the original sale deed which is available on the file at Annexure-H to the applicant after keeping the photo stat copy of the same on record.
The Criminal Revision Application stands disposed of in the above terms.
MWA/H-11/K Order accordingly.