KHURAM SHAHZAD vs STATE
The appellant filed an application seeking the release of a Honda Motorcycle on Superdari, which was seized in connection with a narcotics case. The core legal question was whether the owner of a vehicle, who had no knowledge of or involvement in the transportation of narcotics and had merely lent the vehicle for a short duration, was entitled to its interim custody. The Lahore High Court held that since the appellant was the undisputed owner, had not facilitated the crime, lacked knowledge of the accused's illicit activities, and leaving the vehicle exposed to the elements would cause its deterioration, he was entitled to its release. The Court laid down the principle that a vehicle used in a crime by a borrower may be released on Superdari to an innocent owner upon furnishing adequate surety bonds to prevent unnecessary deterioration of the property during trial.
- Is the innocent owner of a vehicle entitled to its release on Superdari if it was used in a narcotics crime without their knowledge?
- What conditions should be imposed for the release of a vehicle on Superdari to its owner during a pending criminal trial?
ORDER
Sh. Javaid Sarfraz, J.--The appellant seeks release of Honda Motorcycle No.LOX-2705 on Superdari.
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 shortwhile 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 bond in the sum of Rs.60,000 with one surety in the like amount to the satisfaction of the trial Court.