Lahore High Court Case - 2007 YLR 2660 LAHORE-HIGH-COURT-LAHORE
Parties:
Appellant: Muhammad Shahid
Opponent: State
Sections Involved:
Sections 516-A, 550, and 561-A of the Criminal Procedure Code (Cr. P. C)
Nature of the Case:
This case pertains to the quashing of an order related to the custody or superdari of a vehicle.
Background:
The petitioner, Muhammad Shahid, filed a petition under Section 561-A of the Cr. P. C. to challenge the orders of lower courts, which had denied his application for the custody of a specific vehicle.
Vehicle Description:
The vehicle in question was not reported as stolen, nor was it linked to any criminal case. The primary issue at hand concerned the chassis number of the vehicle, which was suspected to have been altered through cutting and welding. This matter required further investigation.
Petitioner's Status:
The petitioner, Muhammad Shahid, appeared to be a genuine and bona fide purchaser of the vehicle. The Excise Department had also officially transferred the vehicle into his name.
No Other Claimants:
Importantly, no other person had come forward to claim ownership of the vehicle at that time.
Concerns with Police Possession:
The court recognized that keeping the vehicle in police possession for an indefinite period would result in its deterioration and damage. This situation was deemed unacceptable under the law.
Court's Decision:
As a result, the court accepted the petitioner's plea and issued a direction that the vehicle in question be handed over to Muhammad Shahid on superdari, which essentially means temporary custody or possession until the matter is resolved.