2013 PLP 1746 (YLR)
Sayed SHAH KHALID — Petitioner Versus The STATE — Respondent
| Citation | 2013 PLP 1746 (YLR) |
| Forum / Court | Peshawar |
| Bench Members | Shah Jehan Khan Akhundzada, J |
| Parties | Sayed SHAH KHALID — Petitioner Versus The STATE — Respondent |
| Primary Law | (a) Criminal Procedure Code (V of 1898), (b) Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2013 PLP 1746 (YLR)?
This judgment primarily cites: (a) Criminal Procedure Code (V of 1898), (b) Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2013 PLP 1746 (YLR)?
The case was heard and decided by the Peshawar bench comprising: Shah Jehan Khan Akhundzada, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2013 PLP 1746 (YLR) (Sayed SHAH KHALID — Petitioner Versus The STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Shan Asghar for Petitioner.
- Date of hearing: 15th April, 2013.
Headnotes / Summary
Ss. 516-A & 561-A
Vehicle in question was taken into custody by police as its driver could not produce any valid documents and an F.I.R. was registered against the driver
Petitioner, who claimed to be bona fide purchaser of vehicle filed an application before Judicial Magistrate for return of vehicle, but same was dismissed
Revision petition against order of Judicial Magistrate was also dismissed by Revisional Court
Record of Excise and Taxation Department showed that original owner of vehicle had sold the vehicle to another person, from whom the present petitioner had purchased the same through a transfer deed
Forensic report as to whether property mark of the vehicle was genuine or tampered was not available on file
In the absence of any rival claimant of vehicle, if the same was given to the petitioner on superdari, who would produce it before Trial Court on each and every date, the State would suffer no harm
High Court directed that vehicle in question should be handed over to petitioner on superdari on furnishing surety; that petitioner should undertake that he would not sell or transfer the vehicle to anyone till the decision of the case, and that petitioner would produce the vehicle as and when required by court, failing which the surety bond would be forfeited.
S. 516-A
Release of case property to a person on superdari under S. 516-A, Cr.P.C.
Scope
Under S.516-A, Cr.P.C. law permitted release of case property to a person from whose possession it had been taken and who claimed to be its bona fide purchaser. Fazlur Rehman Khan Add: A.G. for the State.
Judgment & Decree
SHAH JEHAN KHAN AKHUND-ZADA, J.
Through the instant petition under section 516-A Cr.P.C. the petitioner Syed Shah Khalid has prayed for the return of Motor Car bearing Registration No.QU-833 taken into custody by the police from one Muhammad Suleman under sections 523/550, Cr.P.C. as the driver could not produce any valid documents regarding the vehicle in question at the relevant time therefore, the police took into possession the said vehicle under sections 523/550 Cr.P.C. and after conducting an inquiry under section 156(3) Cr.P.C. a proper case vide F.I.R. No. 503 dated 17-7-2012 under sections 419/420/ 468/471, P.P.C. was registered against the said Muhammad Suleman and Fazalur Rehman at Police Station Cantt: Kohat.
2. Subsequently the petitioner applied for the return of the vehicle in question as he is its bona fide purchaser and owner but his application was dismissed by the learned Judicial Magistrate-II, Kohat vide his order dated 23-7-2012. Feeling aggrieved from the above order, the petitioner filed revision petition which was also dismissed by the learned Additional Sessions Judge-III, Kohat through his order dated 8-8-2012. Now he has come to this Court through the instant petition for the return of the vehicle in question.
3. I have heard the learned counsel for the petitioner as well as the learned A.A.-G. for the State and have gone through the record.
5. Perusal of the record would show that one Syedul Rehman son of Mir Aman Khan resident of village Tangi Charsadda is recorded as owner of the vehicle in question in the record of Excise and Taxation Department Motor Registration Authority Islamabad who sold it to one Rashid Ahmad vide transfer deed dated 13-3-2012 from whom the present petitioner has purchased the same through transfer deed dated 4-5-2012 for a sum of Rs.14,00,000 (Rupees fourteen lac) and now the petitioner has claimed the ownership of the vehicle in question. Moreover, the FSL report as to whether the property mark of the vehicle in question is genuine or tampered is also not available on the file. So all these questions would be thrashed out at the time of trial. At present in absence of any rival claimant of the vehicle in question if the same is given to the petitioner on 'superdari' who shall produce it before the trial Court on each and every date, the State shall suffer no harm. Under section 516-A, Cr.P.C. in such situation law permits release of the case property to the person from whose possession it has been taken and who claims to be bona fide purchaser.
6. In the aforesaid facts and circumstances of the case, I accept this petition and direct that the vehicle in question be handed over to the petitioner on 'superdari' on furnishing surety bond in the sum of Rs.80,000 (Rupees eighty thousand) with four sureties each in the like amount to the satisfaction of the trial Court. The petitioner shall also undertake that he will not sell or transfer the vehicle in question to any one till the decision of the aforementioned case and shall produce the same as and when required by the court failing which the aforesaid surety bond shall be forfeited. MWA/241/P Petition allowed.