Law: Criminal Procedure Code (V of 1898)

Section: 561,516A,550

Law: Pakistan Penal Code, 1860

Section: 420,468,471,109

[Criminal Procedure Code (V of 1898)].......Ss 561-A, 516-A & 550---Penal Code (XLV of 1860), Ss.420, 468, 471 & 109---Application for Superdari of vehicle having concurrently been rejected by Magistrate and Appellate Court below, petitioner had filed petition under S.561-A, Cr.P.C. against said rejection order---Petitioner for the time being appeared to be bona fide purchaser of the vehicle in question and Excise Department had also transferred vehicle in the name of petitioner---Vehicle was in possession of petitioner when it was taken into possession by the police under S.550, Cr.P.C.---No other claimant of said vehicle came forward---Petitioner being entitled to the custody of vehicle in question, his application for custody/Superdari of the vehicle, had wrongly been dismissed by the courts below without taking into consideration the fact that petitioner was bona fide purchaser of same and that vehicle would be damaged, if it was kept in the custody of the police for indefinite period---Accepting petition, custody/Superdari was ordered to be handed over to petitioner, accordingly. ORDER IJAZ AHMAD CHAUDHRY, J.--- Through this petition under section 561-A, Cr.P.C. Muhammad Idrees petitioner has challenged the order, dated 7-4-2006 passed by the learned Magistrate Section 30, Faisalabad through which application moved by the petitioner for Superdari of vehicle bearing Registration No.FDM/4794 has been rejected. Against the said order revision petition was also filed before the learned Additional Sessions Judge, Faisalabad which has also been dismissed vide order, dated 19-5-2006. 2. The brief facts of the case are that the petitioner claims that he purchased Hiace wagon for an amount of Rs.5,10,000 on 29-3-2004 and it was transferred in his name. The petitioner was in possession of the said vehicle when it was taken into possession by the police on 28-11-2005 under section 550, Cr.P.C. and case F.I.R. No.96, dated 8-12-2005 was registered under sections 420/468/471/109, P.P.C. on the statement of Nasrullah Khan, Inspector, who had taken the vehicle in his possession. Consequently, the petitioner had moved an application for Superdari of the said…

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