Download Link of PFD https://www.supremecourt.gov.pk/downloads_judgements/crl.p._74_l_2018.pdf
Present Mr. Justice Manzoor Ahmad Malik, Mr. Justice Sardar Tariq Masood and Mr. Justice Syed Mansoor Ali Shah
There were two questions before the Court: First, whether a vehicle involved in the commission of an offence under CNSA, after being seized by the Police and put up before the court as case property, can be temporarily released on superdari? And second, whether a vehicle that has been seized and is a case property in a criminal case under the Act can be transferred and registered in the name of a third party by the Authority under the Motor Vehicles Ordinance, 1965 till the conclusion of the trial and the final disposal or confiscation of the vehicle by the court?
Scope of Superdari under CNSA
As to the first question the Court observed: “Under the scheme of general criminal law, a vehicle seized by the Police and having become case property, can be released on custody (superdari), during the trial, under sections 516-A or an order be made for its disposal to the person entitled to its possession by the Magistrate under section 523 of the Cr.P.C. Things are, however, different under the CNSA which does not envisage release of a conveyance (vehicle, etc.) during the trial, except as provided in the proviso to section 32(2) and 74 of CNSA.” (Para 6) The Court held: “Joint reading of sections 32 and 74 of CNSA show that an applicant can seek release of a vehicle on superdari, which has been seized under CNSA and is a case property in a criminal case; if the applicant can show that he is the lawful owner of the vehicle; that he is neither the accused nor an associate or a relative of the accused or an individual having any nexus with the accused. While the prosecution has to show that the applicant knew that the offence was being or was to be committed.” (Para 11)
Transfer of ownership of a seized vehicle and its registration by MVA when vehicle is on Superdari
As to the second question the Court observed: “The Vehicle was registered in the name of the petitioner by the Motor Registration Authority under MVO when the Vehicle had already been seized by the Police and had become case property in a criminal case, hence becoming liable to confiscation under CNSA. As a result the disposal of the vehicle comes under the control of the court and the owner stands cautioned not to deal or transact with the title of the vehicle till the conclusion of the trial. In fact there is a freeze on the legal title of the owner of the vehicle till the conclusion of the trial. The rationale behind this being that any transfer or change in the title of the vehicle (case property) would undermine the safe administration of criminal justice system; as any such transfer (registration of the vehicle in the name of a third party) would amount to interference in the powers of the criminal court and in eroding the sanctity and security of the evidence in an ongoing criminal trial. Therefore, transfer of ownership of the Vehicle by the Motor Registration Authority … was not permissible and is, therefore, without lawful authority. (Para 14)
7. Amjad Ali v. State
PLD 2020 SC 299
Download Link of PFD https://www.supremecourt.gov.pk/downloads_judgements/crl.p._74_l_2018.pdf
0 Comments