Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 516-A---Application for superdari of vehicle---Owner not accused---Vehicle in question was taken into possession by authorities as it contained illegal crude oil in it, while driver and other persons escaped from spot---Validity---By virtue of registration book, which was available on record, applicant was lawful owner of vehicle, who was earning his livelihood by plying the vehicle on rent---Applicant was not accused person in the case and nothing was on record to show that applicant had any knowledge that accused/driver would use vehicle for committing any offence---Right of owner who had no knowledge of commission of any offence was fully protected---Vehicle in question was parked in open space exposed to vagaries of weather, its retention in police custody for indefinite period would also achieve no useful purpose---No rival claimant of the vehicle came forward either before High Court or before the Courts below to claim ownership of property in question---High Court directed Station House Officer of police station concerned to release vehicle in question to the applicant on superdari---Application was allowed in circumstances. Shakeel Arshad v. The State 2008 MLD 1603; Ali Muhammad Kalhoro v. The State 2004 YLR 943; Zaheer Khan v. The State 2004 YLR 3198 and Ajjab Khan v. The State 2005 PCr.LJ 1510 ref. ORDER ABDUL MAALIK GADDI, J.---Being aggrieved and dissatisfied with the order dated 2-3-2011 passed by learned Civil Judge and Judicial Magistrate-I, Sanghar in Criminal Miscellaneous Application No.4 of 2011 and the order dated 2-11-2011 passed by learned Additional Sessions Judge, Sanghar in Criminal Revision Application No.7 of 2011, wherein the application filed by the applicant under section 516-A Cr.P.C. and application under sections 435, 439-A, Cr.P.C. for release of vehicle Bedford Oil Tanker bearing Registration No.QAA-6689 (previous), TTB-980 (new), Engine No.RL3-147035, Chassis No.RICL3-35832, Model 1968, on superdari basis, were dismissed hence the applicant preferred this application. 2. Relevant facts for disposal of this Criminal Miscellaneous Application are that on 11-7-2010 the Tanker in…

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