ABDUL LATEEF vs THE STATE and another
This criminal revision application challenges an order by the IIIrd Additional Sessions Judge, Dadu, which denied the applicant's request for the restoration of possession of a vehicle under Section 516-A, Code of Criminal Procedure 1898. The trial court had refused the application on the ground that the applicant was not the registered owner of the vehicle, as the documents were in the name of a third party. The High Court held that the scheme of Section 516-A, Code of Criminal Procedure 1898 does not mandate that possession of a vehicle must be restored only to the registered owner. Instead, the court is required to determine who was last in possession of the vehicle. Finding that the applicant possessed the original registration book and evidence of purchase by installments, the Court concluded these were sufficient grounds for restoration. The impugned order was set aside, and the trial court was directed to restore possession to the applicant subject to the execution of a superdari bond and the provision of surety.
- Does Section 516-A of the Code of Criminal Procedure 1898 require that a vehicle be restored only to its registered owner?
- What is the primary criterion for the restoration of possession of a vehicle under Section 516-A of the Code of Criminal Procedure 1898?
- Section 516-A, Code of Criminal Procedure 1898
ORDER
' AMIR HANI MUSLIM, J.---Dismissed having become infructuous.
2. Granted subject to all just exceptions.
3. Mr. G.A. Shahani Additional A.G waives notice of this application. The grievance of the applicant is that he moved application under section 516-A, Cr.P.C. Before the Incharge Sessions Judge Dadu who assigned it to IIIrd Additional Sessions Judge, Dadu who by the impugned order has declined the restoration of possession of the vehicle inter alia on the ground that the original documents in possession of the applicant are in the name of Muhammad Aslam Memon and therefore the applicant not being the owner is not entitled to the restoration of possession. The scheme of section 516-A, Cr.P.C. Does not warrant restoration of possession of vehicle to the owner. The Court has to examine as to who was the last in possession of the vehicle. In the present case the applicant has stated that the vehicle was purchased by him in instalments and has placed before the Court the letter disclosing such fact. The original registration book is also with the applicant.
These are sufficient grounds for restoration of possession of vehicle. Learned Addl. A. G. Mr. G.A.
Shahani does not oppose the grant of this application. Under these circumstances, the IIIrd Additional Sessions Judge, Dadu shall allow restoration of possession of the vehicle to the applicant on his executing superdari. The applicant however shall submit surety in the sum of Rs.100,000 and P.R. Bond in the like amount to the satisfaction of IIIrd Additional Sessions Judge, Dadu. The order impugned is set aside. Criminal Revision Application stands disposed of.