P L D 2003 Lahore 514 (PLP)

Briefly, me which is a Suzuki Mehran car, was stolen from Karachi, where F.I.R. No.288 of 1989 was lodged. This car was recovered from Faisalabad and was taken into possession by the C.I.A. under section 550 of the Co. P.C. vide a Report No. 14 of 4-8-2001 lodged at Police Station Sargodha Road, Faisalabad. The petitioner moved for Superdari of the said vehicle on the basis that being an Insurance Company and having paid the ensured amount to the owner, it had the locus standi for the possession of the car. The Courts below A declined to give the vehicle on Superdari to the petitioner. The learned' Additional Sessions Judge while dismissing the application of the petitioner) observed as follows:-- . The perusal of record indicates that vehicle in dispute had been stolen and in this respect a Criminal Case No.288 of 1989 was lodged at Police Station Bahadurabad Karachi and surely this vehicle is case property in said case. In these circumstances, it is not appropriate to give this vehicle on. Superdari here. The petitioner should inform the concerned police station where the case for its theft was lodged so that adopting the legal procedure the concerned police station may have taken this vehicle back to Karachi and then competent Court may give this vehicle to the petitioner on Superdari if he is found entitled for Superdari by that competent Court." Chapter XLIII of the Cr.P.C. deals with the disposal of the property. Section 523 of the Cr.P.C. reads as follows:-- "Procedure by police upon seizure of property taken under section 51 or stolen.--(1) The seizure by any police officer of property taken under section 51, or alleged or suspected to have been stolen, or found under circumstances which create suspicion of the commission of any offence, shall be forthwith reported to a Magistrate, who shall make such order as he thinks fit respecting the disposal of such property or the delivery of such property to the person entitled to the possession thereof, or, if such person cannot be ascertained, respecting the custody and production of such property. (2) Procedure where owner of Property seized unknown.--If the person so entitled is known, the Magistrate may order the property to be delivered to him on such conditions (if any) as the Magistrate thinks fit. If such person is unknown, the Magistrate may detain it and shall, in such case, issue a proclamation specifying the articles of which such property consists, and requiring any person who may have a claim thereto, to appear before him and establish his claim, within six months from the date of such proclamation. " Section 523 of the Cr.P.C. requires a police officer seizing any property to report the matter to a Magistrate and not to the Ilaqa Magistrate. In the present circumstances, it had to be reported to the Magistrate of the' area where the vehicle was` recovered. The Magistrate may have declined granting the Superdari of the vehicle to the petitioner. But the Court had to take some positive steps in ensuring that the vehicle was delivered to the police station/Ilaqa Magistrate where F.I.R was lodged so that the seized property did not remain in the hands of officials for an indefinite period and was saved from damage and loss. Having not done so, the Courts below have defeated the very rationale behind section 523 of the Cr.P.C. The orders impugned, therefore, call for interference. These are set aside. The petitioner is directed to appear before the Magistrate at Faisalabad on the 8th of March, 2003, who shall ensure while adopting a proper legal procedure that the property is delivered safely to the police station concerned so that the police of the said police station produces the same before the Ilaqa Magistrate where the theft had taken place, for action in accordance with law. The Magistrate may ask the petitioner to join the police in this exercise and shall specify a date for its production before the Ilaqa Magistrate at Karachi who shall intimate its receipt to the Magistrate at Faisalabad by also mentioning the date and time and shall proceed in accordance with law. Disposed of. M.B.A./N-290/L????????????????????????????????????????????????????????????????????????????????? Petition disposed of.