MA NZOOR HUSSAIN vs MUHAMMAD SIDDIQUE and 2 others
This criminal revision petition challenges an order passed by the Additional Sessions Judge, Okara, which set aside a Magistrate's order granting the 'Superdari' (custody) of a bus to the petitioner. The core legal question concerned the rightful entitlement to the temporary custody of a vehicle involved in a criminal case (F.I.R. No. 150/2003) pending investigation or trial. The High Court observed that the bus was originally in the possession of the respondents before the police seized it. Crucially, the court noted that the respondents had already paid the petitioner Rs. 2,11,000 as the sale price for the vehicle. Furthermore, the court highlighted that the criminal case itself had been cancelled by the police. Consequently, the High Court held that there was no justification to interfere with the revisional court's order, which had returned the vehicle to the respondents. The petition was dismissed, affirming the principle that custody of property should generally be restored to the party from whom it was seized, particularly when the underlying criminal case has been cancelled and financial transactions regarding the property have occurred.
- Does the cancellation of an FIR justify the restoration of property custody to the person from whom it was seized?
- Is the payment of the sale price for a vehicle a relevant factor in determining Superdari entitlement?
- Should a revisional court's order regarding vehicle custody be upheld when the underlying criminal case has been cancelled?
- Section 406, Pakistan Penal Code 1860
- Section 420, Pakistan Penal Code 1860
- Section 506, Pakistan Penal Code 1860
ORDER
' This matter pertains to the custody of bus on Superdari bearing Registration No. LXT-7257 subject- matter of case F.I.R. No.150 dated 9-4-2003 for the offence under. Sections 406/420/506, P. P.0 .
Registered at Police Station, Gogera District Okara. After the registration of said case upon the application of the petitioner, Superdari of said bus was ordered to be handed over to the petitioner, vide order dated 11-6-2003 passed by the Magistrate Ist Class Okara. Against the said order revision was filed by respondents Nos.1 and 2 learned Additional Sessions Judge, Okara vide order dated 6-12-2004 while setting aside the order of Magistrate handed over the custody of bus in question to the respondents.
' Through this petition legally. The respondents order has been challenged.
2. Admittedly the last possession of the bus was with the respondents, police had taken over the custody of bus from the possession of the respondents after the registration of said case. The impugned order also reveals that respondents have already paid Rs.2,11,000 to the petitioner as sale price of the bus. Similarly the bus is a subject-matter of case F.I.R. No.150 dated 9-4-2003 for the offence under sections 406/420/506, P.P.C. Registered at Police Station, Gogera District Okara and this case has already been cancelled by the police. In the circumstances there is no justification to upset the order of revisional Court dated 6-12-2004. Finding no force the same stands dismissed.
Cited by 1 case
- SHAKEEL AHMAD vs ABDUL GHAFFAR and others 2009 YLR 1384