Law:

Section:

Criminal Procedure Code (V of 1898)-------- ----Ss. 516-A, 517 & 561-A---Superdari of vehicle---Petition for quashing of order---Petitioner was the only person who had claimed Superdari of vehicle in question---Said vehicle, admittedly was taken into possession from custody and control of petitioner---It would, in circumstances, be just and legal to accept application filed by petitioner in respect of Superdari---In case where no rival claimants were for Superdari of a vehicle, then vehicle should ordinarily be given on Superdari to person from whom it was taken possession of---Criminal Courts were not competent to investigate into the question of title as their jurisdiction was confined under S.516-A, Cr.P.C. or for that matter under S.517, Cr.P.C. to the determination of entitlement of possession and not title to the property---Question of ownership was to be determined by a competent Civil Court. Malik Muhammad Rafiquee, v. Tehseen Qureshi 1986 SCMR 1536; Mst. Khadija Begum. v. Sessions Judge, Sahiwal 1986 PCr.LJ 954; Muhammad Ramzan. v. The State NLR 1990 Cr.LJ 72; Humayun Azam. v. Ch. Sadiq, Inspector/SHO, Police Station Kunjah, District Gujrat and 3 others 1999 MLD 1676 and Arbab Khan v. The State 1990 PCr.LJ 649 ref. JUDGMENT Shortly narrated facts of the case are that Motorcar bearing registration No.B-2631/Kohat was seized by the Custom Staff as a non­ custom paid vehicle under the provisions of Customs Act, 1969, after the same was taken into possession by police of Police Station Bannu city. The said vehicle was confiscated under the orders of Additional Collector Customs Peshawar, with an option extended to the rightful owner (Qamar Zaman) to get the same released on payment of duty/taxes leviable thereupon under the law. The option given to the original owner (Qamar Zaman) was accepted by him and after doing the needful under the law, the said motorcar became a custom paid vehicle. The said vehicle was purchased by one Mazhar Hussain son of Muhammad Iqbal from the original owner (Qamar Zaman) vide agreement deed dated 26-4-2002 and thereafter present petitioner purchased the same from the second owner vide deed dated 10-8-2002. The said vehicle…

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