Law:

Section:

Criminal Procedure Code (V of 1898)-------Ss. 523, 550 & 561-A---Seizure of stolen property---Application for Superdari---Petition under S. 561-A, Cr.P.C. against order passed by the Court of the Magistrate and the Sessions Judge in a case of Superdari of a vehicle which was stolen---Contention of the petitioner was that, it being an insurance company and having paid the ensured amount to the owner, it had the locus standi for the possession of the vehicle---Courts below declined to give the vehicle on Superdari to the petitioner---Validity---Held, Magistrate could have declined granting the Superdari of the vehicle to the petitioner but the Court had to take some positive steps in ensuring that the vehicle was delivered to the Police Station/Illaqa Magistrate where the F.I.R. was lodged so that the seized property did not remain in the hands of officials for an indefinite period and was saved from damage and loss---Courts, having not done so had defeated the very rationale behind S.523, Cr.P.C.---Orders of the Courts were set aside by the High Court---Petitioner was directed to appear before the Magistrate on the specified date who shall ensure while adopting a proper legal procedure, that the property was delivered safely to the police station concerned so that the police of the said police station produces the same before the Illaqa Magistrate where the theft had taken place for action in accordance with law---Magistrate could ask the petitioner to join the police in this exercise and shall specify a date for its production before the Illaqa Magistrate, who shall intimate its receipt to the Magistrate mentioning date and time and shall proceed in accordance with law. ORDER The petitioner has moved this petition under section 561-A of the Cr.P.C. against order dated 20-11-2002, and 20-12-2002 gassed by the Court of the Magistrate and the learned Additional Sessions Judge, Faisalabad to a case of Superdari of a 'vehicle, particulars of which are provided in the petition. Briefly, me which is a Suzuki Mehran car, was stolen from Karachi, where F.I.R. No.288 of 1989 was lodged. This car was recovered from Faisalabad and was taken into possession by the…

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