Sh. ZULFIQAR vs THE STATE AND Another
This matter concerns a petition for leave to appeal against an order of the High Court regarding the interim custody (sapurdari) of a truck. The core legal question was whether the High Court erred in granting custody of the vehicle to the respondent, who was in possession of the truck at the time it was seized by the police, despite the petitioner's claim of ownership. The Supreme Court held that the High Court's order was consistent with the provisions of the Code of Criminal Procedure 1898. The Court reasoned that since the petitioner conceded the respondent was in possession of the vehicle at the time of police seizure and acknowledged that the vehicle had frequently changed hands, there was no legal justification to interfere with the High Court's decision. The principle laid down is that under Section 520, Code of Criminal Procedure 1898, the party in possession of property at the time of its seizure by the police is eligible to retain its custody pending the establishment of a better right or title by another claimant.
- Is the person in possession of a vehicle at the time of its seizure by the police eligible for its interim custody (sapurdari) under Section 520 of the Code of Criminal Procedure 1898?
- Does a claim of ownership automatically entitle a party to the interim custody of a vehicle if they were not in possession at the time of seizure?
- Section 520, Code of Criminal Procedure 1898
ORDER
KARAM ELAHEEB CHAUHAN, J.--It is not necessary to go into the lengthy details of this case or the stages through which it passed and for the purpose of the present order it is sufficient to mention that the dispute in this case is about custody of a truck bearing No. RIC 8731 which: has been given on sapurdari to Umar Hayat (respondent No. 2 herein) by the High Court by its order dated 6-2- 1979 passed in Writ Petition No. 3373/78 filed by the aforesaid respondent on the ground that as on the date of its being taken into custody it was in possession of that respondent therefore under section 520, Cr. P. C. He was eligible to retain its custody till any better claimant succeeds in establishing a better right or title for that purpose.
2. We have heard the learned counsel for the petitioner who argued that his client was the owner of the truck therefore its custody should have been given to him, though he concedes that at the time it was taken into custody by Police it was in possession of Umar Hayat, respondent No. 2. He has further conceded that in fact the truck has mostly remained in possession of others and had been changing hands from time to time. In that view of the matter as the order of the High Court is quite in terms of section 520, Cr. P. C. We find no justification to interfere with the same.
2. The result is that this petition has no merit and is dismissed. 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.