2009 PLP 602 (YLR)

Through this writ petition the legality and validity of order dated 27-9-2008 passed by the learned Judge Anti-Terrorism Court-II, Gujranwala, dismissing the application filed by the petitioner for delivering Toyota XLI Car bearing, No.LEF-8165 on superdari to him has been called into question.

2. Briefly the facts of the case giving rise to the filing of the instant petition are that on the written application of respondent No.3 a case F.I.R. No.297/2008 dated 13-7-2008 was registered at P.S. Motra, District Sialkot, against two unknown people in respect of the offence under section 365, P.P.C. It appears that during the investigation of the said case the aforementioned car was recovered by the police as case property, which was allegedly used by the accused for the abduction of Ghulam Ghaus, alleged abductee. However, as mentioned above the said application was dismissed.

3. Learned counsel for the petitioner has contended that the petitioner is owner of the car in question which was obtained by the accused from him on rent basis. He further adds that if the said car remains under the police custody the same is likely to depreciate and deteriorate.

4. Conversely, learned Additional Advocate General has opposed this petition on the ground that the petitioner has failed to establish that he runs the business of rent-a-car and that if the car is delivered to the petitioner on superdari there are bleak chances of production of the same before the learned trial Court in which case the prosecution's case would be prejudiced badly.

5. Heard. Record perused.

6. A perusal of the F.I.R. reveals that the complainant never alleged that the car in question was used by the accused for the commission of the alleged offence. Be that as it may the petitioner has produced the original certificate of registration of the car in question a copy of which has already been placed on record. The said certificate, prima facie, reveals that the petitioner is owner of the car in question. It cannot be denied that if the car remains under the police custody it is likely to be misused, damaged, deteriorated and devalued. Besides, the petitioner has undertaken to produce the car during the trial as and when required to do so, therefore, this writ petition is accepted with a direction to the learned trial Court to pass an appropriate order for the delivery of the car in question to the petitioner after satisfying itself about the authenticity and genuineness of the documents relied upon by the petitioner, claiming himself to be the owner of the car in question. However, the said order would be subject to the condition of his furnishing surety bonds in the sum of Rs.10,00,000 (rupees ten hundred thousand). N.H.Q./S-159/L Petition accepted.