ASHIQUE HUSSAIN vs State S — 2022 MLD 531 KARACHI-HIGH-COURT-SINDH

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ASHIQUE HUSSAIN VS State S.516-a---Penal Code (XLV of 1860), Ss.320, 337-G & 427---Provincial Motor Vehicles Ordinance (XIX of 1965), S. 95---Superdari of vehicle---Inspection by motor vehicle Examiner---Scope---appellant being attorney of original owner assailed order of trial court whereby his application for superdari of vehicle seized as case property was allowed to its real owner on furnishing solvent surety in the equal amount of the vehicle---Validity---In the case of accident, the owner of the vehicle did nothing to advance the commission of any offence, but it was his driver who was liable for the said offence, therefore, by detaining the vehicle, its owner was being penalized and deprived of exercising his legal right to use his own property---If the property was left in the custody of police, it would not serve any purpose and it would also reduce its utility which again tantamount to penalizing the owner unnecessarily---Section 95, Motor Vehicles Ordinance, 1965 provided that after inspection of the vehicle, the same was to be returned to its owner without unnecessary delay and in no case later than forty eight (48) hours of its removal---If the vehicle was detained then again the owner would be put to great hardships as he could not get his vehicle repaired and to use the same subsequently---High Court observed that in the present case, driver of the vehicle had been granted bail by the Trial Court in the sum of Rs.200,000/- [rupees two lac only), whereas, the impugned order passed by the Trial Court for releasing the vehicle equivalent to the amount of bus is/was harsh, unjustified and against the spirit of Chap. XLIII of the Criminal Procedure Code, 1898, which needed to be modified accordingly---Original owner of the subject vehicle was present, who submitted that the vehicle might be released in his favour subject to furnishing only his P.R. bond in the sum of Rs.200,000/- [rupees two lac only)---Contention of the owner of the vehicle appeared to be reasonable---Consequently, the impugned order was modified to the extent that the vehicle be returned to its original owner on executing his P.R. bond in the sum of Rs.200,000/- [rupees two lac only] before the Trial Court, however, it was made clear that the property shall be produced by the owner before the Trial Court as and when required---Criminal revision application stood disposed of accordingly.

ASHIQUE HUSSAIN vs State S — 2022 MLD 531 KARACHI-HIGH-COURT-SINDH

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