Malik MUHAMMAD RAFIQUE vs TEHSEEN QURESHI

This matter concerns a petition for leave to appeal against a judgment of the Lahore High Court regarding the interim custody (Superdari) of a motor vehicle during the pendency of criminal proceedings. The core legal question was whether the High Court erred in granting the custody of the vehicle to the respondent, Tehseen Qureshi, from whom the vehicle had been seized by law enforcement. The Supreme Court observed that the vehicle was admittedly taken into possession from the respondent, who claimed to be a purchaser of the vehicle. While the petitioner contested the respondent's status as a bona fide purchaser, the Court held that the fact of possession at the time of seizure provided sufficient justification for the High Court's order. The Supreme Court found no legal infirmity or justification for interference with the High Court's decision and consequently dismissed the petition for leave to appeal. The principle affirmed is that, in the absence of compelling reasons to the contrary, the interim custody of a seized vehicle is appropriately granted to the person from whose possession it was originally recovered.