Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----Ss. 516-A & 561-A---Superdari of vehicle---Vehicle in question was taken into custody by police as its driver could not produce any valid documents and an F.I.R. was registered against the driver---Petitioner, who claimed to be bona fide purchaser of vehicle filed an application before Judicial Magistrate for return of vehicle, but same was dismissed---Revision petition against order of Judicial Magistrate was also dismissed by Revisional Court---Validity---Record of Excise and Taxation Department showed that original owner of vehicle had sold the vehicle to another person, from whom the present petitioner had purchased the same through a transfer deed---Forensic report as to whether property mark of the vehicle was genuine or tampered was not available on file---In the absence of any rival claimant of vehicle, if the same was given to the petitioner on superdari, who would produce it before Trial Court on each and every date, the State would suffer no harm---High Court directed that vehicle in question should be handed over to petitioner on superdari on furnishing surety; that petitioner should undertake that he would not sell or transfer the vehicle to anyone till the decision of the case, and that petitioner would produce the vehicle as and when required by court, failing which the surety bond would be forfeited. (b) Criminal Procedure Code (V of 1898)--- ----S. 516-A---Release of case property to a person on superdari under S. 516-A, Cr.P.C.---Scope---Under S.516-A, Cr.P.C. law permitted release of case property to a person from whose possession it had been taken and who claimed to be its bona fide purchaser. JUDGMENT SHAH JEHAN KHAN AKHUND-ZADA, J.---Through the instant petition under section 516-A Cr.P.C. the petitioner Syed Shah Khalid has prayed for the return of Motor Car bearing Registration No.QU-833 taken into custody by the police from one Muhammad Suleman under sections 523/550, Cr.P.C. as the driver could not produce any valid documents regarding the vehicle in question at the relevant time therefore, the police took into possession the said vehicle under sections 523/550 Cr.P.C. and after…

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