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Search Results: Categories: 550 CrPC (1 found)

MAHBOOB KHAN VS THE STATE

Citation: 2004 SD 95

Case No: CR. MISC. No. 288/2002

Judgment Date: 08-01-2003

Jurisdiction: AJK Shariat Court

Judge: Justice Qazi Ehsanullah Qureshi

Summary: (a) Criminal Procedure Code (V of 1898): ----Ss. 523 & 550---Superdari of vehicle---Procedure upon seizure of property---Failure of police to comply with statutory requirements---Petitioner sought release of a Suzuki Van on superdari, which was impounded by police and later involved in an FIR under Ss. 419, 420 & 471, PPC---Prosecution failed to show that the vehicle was stolen property or involved in any criminal case apart from an F.S.L. report indicating a welded chassis number---Held, S. 523, Cr.P.C. mandates that seized property must be reported to a Magistrate, who then decides its disposal---In the present case, police failed to report the seizure to the Magistrate, rendering their retention of the vehicle unlawful---Further, indefinite retention of the vehicle without trial progression would lead to its deterioration, which was against legal principles---Petitioner established prima facie ownership, and in the absence of a rival claimant with a better title, was entitled to superdari. ----Disposition: Petition allowed; vehicle handed over to the petitioner on superdari, subject to surety bonds of Rs. 100,000/- and a restriction on sale or transfer until the final decision of the criminal case.

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