MUHAMMAD FAYYAZ vs STATE etc.
This criminal petition was filed seeking the Superdari (custody) of an oil tanker taken into possession in connection with FIR No. 4 of 2013 registered under Sections 379, 411, 462-B, and 462-F of the Pakistan Penal Code 1860 at Police Station Saddar, District Rajanpur. Lower forums, including the Area Magistrate and the Additional Sessions Judge, had previously dismissed similar applications. The core legal question was whether the registered owner of a vehicle involved in petroleum theft, containing stolen oil and transferred into his name eight months after the occurrence, is entitled to interim custody (Superdari) during the pendency of the trial. The Lahore High Court held that where a vehicle is laden with stolen oil connected to the crime and the petitioner obtained transfer of ownership long after the registration of the case, custody cannot be granted. The petition was dismissed with a direction to the trial court to conclude the trial within three months and pass a speaking order regarding the vehicle.
- Is the registered owner of a vehicle entitled to Superdari when the vehicle is seized with stolen oil related to a criminal case?
- Does obtaining vehicle transfer months after the registration of a criminal case affect the right to claim interim custody?
- Can a vehicle containing stolen petroleum products be handed over to a claimant before the conclusion of the trial?
- Section 379, Pakistan Penal Code 1860
- Section 411, Pakistan Penal Code 1860
- Section 462-B, Pakistan Penal Code 1860
- Section 462-F, Pakistan Penal Code 1860
ORDER
' Through the instant petition, Superdari of the oil tanker having Registration No, 7449/DNA, which has been taken into possession, in case FIR No, 4/2013 dated 10.1.2013 registered under Sections 379, 411, 462-B and 462-F, PPC at Police Station Saddar, District Rajanpur has been sought.
2. Previously the instant like petition filed by the petitioner before the learned Area Magistrate has been refused through order dated 28.5.2013 and Criminal Revision has also been dismissed from the Court of learned Additional Sessions Judge, Rajanpur on 04.07.2013.
3. The learned counsel for the petitioner has argued that the petitioner is registered owner of the oil tanker, which is lying in the Police Station under unsafe and unfavorable atmosphere, hence is destroying and as such may be handed over to the petitioner on superdari and that the petitioner will produce the said vehicle, as and when required by the Court.
4. The learned Deputy prosecutor General assisted by the learned counsel for Respondent No, 3 has vehemently opposed the petition.
5. Arguments have been heard and record perused.
6. The record shows that when while tampering with the main petroleum line of PARCO, stealing and filling of 15000 litres of diesel in the above mentioned oil tanker was found, not only tanker was taken into custody, but the above mentioned case was also registered against the responsibles for committing the above mentioned offence. It has been told and also confirmed that the tanker is not empty, but even at present, the above mentioned quantity of the stolen oil is lying in it.
7. It has been noticed that the occurrence was committed on 10.1.2013, when the oil tanker was being driven by one Abdul Kareem and the present petitioner had got the vehicle transferred in his name on 6.9.2013 i.e, about 08 months after the occurrence and taking the vehicle into possession.
When 15000 litres of diesel is lying in the vehicle, and till conclusion of the trial, the said oil could not be removed or handed over to anybody, then the vehicle in question alongwith the oil could not be given to anyone, especially the petitioner, who has got the vehicle transferred in his name after 08 months of registration of the case.
8. For what has been discussed above, the petition in hand is dismissed. However, the learned Trial Court is directed to ensure the conclusion and decision of the case within a span of three months from today and also pass a speaking order regarding the above mentioned vehicle.