Law:

Section:

Criminal Procedure Code (V of 1898)--- ----Ss. 516-A, 517 & 561-A---Return of vehicle on "superdari", application for---Petition for quashing of order---Petitioner had sought quashing of order, whereby his application for return of the vehicle on "superdari", was dismissed---Vehicle in question was a non-customs paid one---Nothing was on record to show that vehicle in question was either a stolen property, or was ever used in the commission of any crime---Only allegation against the petitioner was that he had displayed a false number plate of another registered vehicle at the relevant time---Such question was to be resolved at the time of trial after recording of evidence---If the vehicle in question was left in Police Station, same would either be used by the Police, or parked without being used resulting its damage, deterioration and devaluation---Neither there was rival claimant of the vehicle in question, nor was same required for further investigation---Nothing was on record that chassis or engine number of vehicle in question had been refitted or welded---There being no other claimant and no evidence available to the effect that the vehicle was either a stolen one or its chassis/engine number had been re-punched, both the courts below were not justified to refuse the "superdari" of the vehicle in question to the petitioner---Petition was accepted and vehicle in question was ordered to be returned to the petitioner on "superdari", subject to furnishing bail bond with two sureties, in circumstances. JUDGMENT ASSADULLAH KHAN CHAMKANI, J.---The petitioner Fazal Maul through instant petition has sought for the quashment of orders dated 14-2-2013 and 6-2-2013 passed by learned Additional Sessions Judge/Izafi Zila Qazi, Dargai and learned Judicial Magistrate / Illaqa Qazi, Dargai, whereby application of the petitioner for return of the vehicle on "superdari" was dismissed. 2. On 8-1-2013 a motorcar exhibiting number plate bearing No.MY 075/ Islamabad was suspected to be either stolen or involved in some crime, was taken into custody by the Post Commander, Qaid Abad. Enquiry under section 156(3), Cr.P.C. was initiated, which culminated into registration of a…

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