SHAHBAZ AHMAD alias NANHA vs THE STATE
This matter arose from a criminal case where a motorcycle, allegedly owned by the petitioner and seized near the place of occurrence, was ordered to be confiscated by the trial court upon the final order of conviction and sentence. The petitioner sought the interim custody (Superdari) of the motorcycle to his brother, as it was lying in the Malkhana after being returned by the previous Superdar. The core legal question was whether a vehicle ordered to be confiscated at the conclusion of a trial could be released on Superdari pending further legal proceedings to prevent its deterioration. The Lahore High Court allowed the application, holding that keeping the motorcycle in the Malkhana would cause it to lose its value and utility. Consequently, the Court ordered the release of the motorcycle to the petitioner's brother upon proper verification of documents, execution of a personal bond of Rs. 50,000, and under strict conditions not to alienate or transfer the vehicle and to produce it when required.
- Can a vehicle ordered to be confiscated at the conclusion of a trial be released on Superdari to prevent its deterioration in the Malkhana?
- What conditions may a court impose when releasing a seized vehicle on Superdari pending final resolution?
ORDER
' PERVAIZ AHMAD, J.--The petitioner has alleged that he had purchased Honda Motorcycle, 1998 Model 125cc and was got registered vide No.STJ-2039 was taken into possession being available near the place of occurrence with the assumption that the petitioner reached at the place of occurrence by riding over it.
2. During trial the motorcycle was given on Superdari by the trial Court. Now at the time of passing of final order of conviction and that of sentence the motorcycle has been ordered to be confiscated. The Superdar has returned the Motorcycle in compliance with the orders at present is lying in Malkhana, hence prayed for handing over the Motorcycle to his brother on Superdari.
3. The learned counsel for the parties have been heard.
4. In view of the Motorcycle at present lying at Malkhana it will lose its value or utility, therefore, the C.M. Is allowed and the motorcycle is ordered to be handed over to the brother of the petitioner, Muhammad Ilyas on proper verification of documents and execution of personal bond, of Rs.50,000 to the satisfaction of the trial Court with a further direction to be bound to produce the motorcycle as and when ordered by the Court and with a further restraint of not to alienate or transfer the motorcycle in any manner. Disposed of. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.