Syed RAFIQ KHAN Versus THE STATE
This criminal miscellaneous application was filed by the owner of a taxi, currently held as case property by the police in connection with F.I.R. No. 196 of 2003, seeking its release on Superdari. The taxi was allegedly used by the accused in the commission of robbery and murder. The core legal question was whether a vehicle used in a heinous crime should be withheld from its owner, who was not an accused, or released on Superdari. The Court held that the vehicle should be released to the applicant, provided adequate surety is furnished. The Court reasoned that while the vehicle was used in a crime, the owner's liability is limited to potentially acting as the 'Aqila' of the accused for the payment of Diyat. The key principle laid down is that the owner of a vehicle used in a crime is entitled to its possession on Superdari, subject to furnishing surety equivalent to the Diyat amount, as the vehicle itself should not be indefinitely detained when the owner is not implicated in the offense.
- Can a vehicle used in the commission of a crime be released on Superdari to its owner if the owner is not an accused?
- Is the owner of a vehicle used in a crime considered the 'Aqila' of the accused for the purpose of Diyat payment?
- What is the condition for releasing a vehicle used in a crime on Superdari when the owner is not involved in the offense?
- Section 396, Pakistan Penal Code 1860
- Section 107, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
- Section 323, Pakistan Penal Code 1860
ORDER
1. Vide this application it has been prayed that the Taxi bearing No. JL‑6609, currently in the custody of Police Station Gulzar‑e‑Hijri, Karachi, as case property be handed over to the applicant on such terms and conditions as may be deemed fit.
2. The brief facts of the case per F.I.R. No. 196 of 2003 under sections 396/107/34 lodged with Police Station Gulzar‑e‑Hijri, Karachi, are that on the day of incident three young culprits riding a black yellow taxi hit the vehicle of the complainant and stopped it whereafter two of them came out with T.T. pistols and snatched away cash of Rs. 7 lacs from the complainant and at the same time also one of them fired upon deceased Raja Muhammad Iqbal who was driving their vehicle, as a result of which he died later on. Subsequently, two of the accused were arrested and the taxi recovered which is currently lying in the police custody.
3. Learned counsel for the applicant says that admittedly the taxi in question belongs to the applicant and he had given it to one of the accused Muneer on rental basis at the rate of Rs.200 per day, which was later used for the crime. He prays that as the applicant is not the accused in the aforementioned F.I.R., therefore he is entitled to its custody. Learned counsel' also submits that the applicant is willing to submit surety in this regard.
4. Learned State Counsel does not oppose this application provided an adequate surety is given in consonance with the Qisas and Diyat Ordinance 'as the applicant would be Aqila of the accused since the crime was committed while using the applicant's taxi. As regards the Diyat amount learned State Counsel says that it would be in the amount of Rs.2,51,000 per section 323 of the P.P.C. according to which it should not be less than the value of 36630 grams of silver. Per learned counsel the applicant has agreed to furnish surety in this amount.
5. I have heard both the learned counsel. It would be seen that per the impugned order the only reason for not giving the taxi on Superdari to the applicant was that it was used in a heinous crime viz. robbery and murder. However, per settled law, at the most the owner of the taxi could be burdened with the payment of Diyat amount, in case the accused was unable to do so as the owner is the Aqila of the accused since the crime in question was committed in the taxi. As the applicant/owner is willing to submit surety for the Diyat amount viz. 36630 grams of silver, in my view, it would be in the interest of justice to grant this, application upon submission of such surety to the satisfaction of the Nazir of this Court alongwith P.R. Bond in the like amount. Order accordingly. The Nazir shall verify from the market the value of the above mentioned weight of silver. Application disposed of.
6. H.B.T./R‑106/K Application granted.