JAVAID ARSHAD ABID vs STATION HOUSE OFFICER and others
This matter concerns a petition for the restoration of a vehicle taken into police custody. The petitioner sought the release of a car that had been seized by the Anti-Car Lifting Staff, Lahore, under the suspicion of being stolen property. Upon inquiry, the police official present confirmed that no First Information Report (F.I.R.) had been lodged regarding the theft of the vehicle, nor was the vehicle utilized in the commission of any criminal offense. The court observed that the petitioner had purchased the vehicle in 1999 and held possession until its seizure in 2001, with no other claimants coming forward during the interim period. Consequently, the Supreme Court converted the petition into an appeal and allowed it, directing that the vehicle be handed over to the petitioner on Superdari, subject to the furnishing of surety in the amount of Rs. 300,000 to the satisfaction of the relevant Judicial Magistrate. The decision reinforces the principle that property seized by police without a valid criminal nexus or competing claim should be returned to the person from whom it was seized.
- Can a vehicle seized by police be released on Superdari if no F.I.R. regarding its theft exists?
- Is a person from whom a vehicle was seized entitled to its restoration if no other claimant appears?
- Does the absence of a criminal nexus justify the continued detention of a vehicle by the police?
- Section 550, Code of Criminal Procedure 1898
ORDER
' JAVED IQBAL, J.--- Pursuant to notice dated 4-2-2003 Abdul Sattar, Sub-Inspector of Police is present alongwith the relevant record. It is submitted by him in a categorical manner that no F.I.R.
Regarding theft of the car in question was lodged. When asked that how the car in question was being treated as stolen property, no answer could be given. The car in question was also not used in the commission of any offence as explained by Abdul Sattar, Sub-Inspector of Police.
2. There is no denying the fact that the car in question was purchased by the petitioner from one Abdul Samad son of Khawaja Abdul Hamid Channer, resident of Thalli Sharif, Sadiqabad, District Rahimyar Khan on 22-2-1999 which remained in his possession till 14-2-2001 when it was taken into custody under section 550, Cr.P.C. At the, instance of Anti-Car Lifting Staff, Lahore. No other claimant has come forward so far.
3. In such view of the matter, on furnishing surety in the sum of Rs,3,00,000 (Rupees three lacs only) to the satisfaction of learned Judicial Magistrate, Sadiqabad, District Rahimyar Khan, the vehicle in question be handed over on Superdari to Javaid Arshad Abid (petitioner) from whom it was taken into possession by the police.
' The petition is converted into appeal and allowed in the above terms. 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.
Cited by 1 case
- Sabir Shah Versus State 2026 PCrLJ 651