Messrs SARDAR MUHAMMAD ASHRAF D. BALOCH (PVT.) LTD. through Authorized person vs The STATE and anothers
This criminal revision application assails the legality of an order passed by the Special Judge, Anti-Terrorism, Shikarpur, which rejected an application for the custody (superdari) of a Toyota Land Cruiser. The core legal question concerns the entitlement of the registered corporate owner to the interim custody of a vehicle secured by police in connection with a terrorist attack where the vehicle itself was the target rather than an instrument of the crime. The Sindh High Court held that since the vehicle belongs to the applicant company, is not involved in the commission of the offence, and both the complainant and previous claimants have no objection, keeping the vehicle parked exposed to damage serves no useful purpose. The court set aside the impugned order and allowed the revision application, directing the release of the vehicle to the authorized representative of the company upon furnishing surety.
- Whether the interim custody of a vehicle can be granted to the registered corporate owner when it was the target of a crime rather than an instrument of it?
- Does the lack of objection from the complainant and other claimants justify releasing a vehicle on superdari?
- Is a criminal revision application maintainable against the rejection of an application under section 516-A of the Code of Criminal Procedure 1898?
- Section 516-A, Code of Criminal Procedure 1898
ORDER
1. ' ABDUL MAALIK GADDI, J.---Through this Criminal Revision Application, applicant Imtiaz Javed being authorized person. Of Messrs Sardar Muhammad Ashraf D. Baloch (Pvt.) Ltd. Has assailed the legality and propriety of order dated 4-9-2013 passed by the learned Special Judge, Anti-Terrorism, Shikarpur rejecting an application under section 516-A, Cr.P.C. Filed by the applicant for restoration of Toyota Land Cruiser bearing Registration No. BF-4994, Engine No . 2U7-1264098, Chassis No. UZ1200- 4010062 of Black Colour, Model 2008 on superdari, which is impugned before this Court.
2. ' On 1-5-2013 one Allah Warayo Badani lodged F.I.R at Police Station New Foujdari, Shikarpur, stating therein that on that day i.e., 1-5-2013 he being guard of Exh-MNA Dr. Muhammad Ibrahim Jatoi along with some other persons while going to Shikarpur in connection with election campaign were attacked upon by some terrorists and in the bombblast made by the accused persons the vehicle viz., Toyota Land Cruiser bearing Registration No.BF-4994, in which Dr. Muhammad Ibrahim was travelling, was badly damaged.
3. ' It is contended by the learned counsel for the petitioner that the vehicle in question is in the name of Messrs Sardar Muhammad Ashraf D. Baloch (Pvt.) Ltd., which has been secured by the police in Crime No.85 of 2013 of Police Station New Foujdari, Shikarpur. He has further submitted that the vehicle in question is the exclusive property of Messrs Sardar Muhammad Ashraf D. Baloch (Pvt.)
4. Ltd., and that the vehicle in question has not been used in the commission of offence. It is further stated that the vehicle is the valuable property and if the custody of the vehicle in question is not restored to the applicant on superdari, there is every possibility that its genuine parts will be removed by the police, which will diminish its value. He further submitted that no other person claiming himself to be the owner of the vehicle in question has appeared before the trial Court or has moved any application for its restoration.
5. ' Learned D.D.P.P., appearing on behalf of the State, has recorded his no objection if the vehicle in question is restored to the applicant on superdari.
6. ' From the perusal of record it appears that the applicant is the employee and authorized person of Messrs Sardar Muhammad Ashraf D. Baloch (Pvt.) Ltd. The applicant in support of his contention has filed the documents of registration of the vehicle in question including certificate of incorporation on change of name, which reflects that the ownership of the vehicle in question was changed from its previous owner, namely, Ghulam Umar in favour of Sardar Muhammad Ashraf D.
7. Baloch (Pvt.) Ltd. Affidavits of Akhtiar Ahmed Panhwar, who had previously filed such application before the trial Court, so also affidavit of complainant of the case, namely, Allah Warayo Budani, have been filed, in which they have extended no objection for restoration of the vehicle in question in favour of present applicant. The applicant was required to submit Form-A and Form 29 furnished before the SECP, which have also been filed by the applicant along with his statement, which also reflect that the vehicle in question stand in the name of Messrs Sardar Muhammad Ashraf D.
8. Baloch .(Pvt.) Ltd. The vehicle in question is not involved in any crime, on the contrary the attack was made on the said vehicle. In such circumstances, there seems no justification to refuse restoration of custody of the vehicle in question in favour of the applicant being authorized agent of Messrs Sardar Muhammad Ashraf D. Baloch (Pvt.) Ltd. Accordingly, this revision application is allowed, the impugned order dated 4-9-2013 passed by the learned Special Judge, Anti-Terrorism, Shikarpur is set aside and the vehicle viz., Toyota Land Cruiser bearing Registration No. BF-4994, Engine No.2U7-1264098, Chassis No.UZ1200-4010C62 of Black Colour, Model 2008 is directed to be restored to the applicant on his furnishing surety in the sum of Rs.100,000 and P.R bond in the like amount to the satisfaction of the trial Court. The applicant is directed to produce the vehicle before the trial Court as and when required. This revision application stands allowed in the above terms.
9. ' Above are the reasons of our short order passed today in Court.