Khuram Shahzad vs The State
This matter arose from an appeal seeking the release of a Honda motorcycle on Superdari (interim custody) which had been seized in connection with a narcotics case. The core legal question was whether a vehicle owned by a third party, who had no knowledge of the illicit activities of the accused and did not facilitate the transportation of narcotics, should be released to its owner pending trial. The Lahore High Court held that keeping the motorcycle parked under the open sky would deteriorate its condition and diminish its market value. Consequently, the Court allowed the appeal and directed the release of the vehicle to the appellant, subject to the execution of a bail bond with one surety to the satisfaction of the trial court, establishing the principle that interim custody of a vehicle should be granted to its innocent owner to prevent waste and deterioration.
- Whether a vehicle seized in a narcotics case can be released on Superdari to its owner if they had no knowledge of the illicit activities of the accused?
- Should a vehicle be kept in police custody under the open sky if it is likely to deteriorate in condition and market value pending trial?
- What conditions may a court impose when releasing a seized vehicle to its owner on Superdari?
ORDER The appellant seeks release of Honda Motorcycle No. LOX-2705 on Super Dari.
2. We have heard the learned counsel for the appellant and the learned Special Public Prosecutor for ANF.
3. The appellant is owner of Motorcycle. He had not facilitated in any manner in transportation of the narcotic. The Motorcycle was handed over to the, accused at his request for a short while and the appellant had no knowledge of the alleged activities of the accused. Keeping the Motorcycle under open sky will deteriorate its condition and market value.
4. For what has been discussed above, we are of the view that the appellant is entitled to the release of the Motorcycle. We accordingly direct its release subject to furnishing of bail bond in the sum of Rs. 60,000/- with one Surety in the like amount to the satisfaction of the Trail Court.