Muhammad Ajmal vs State S — 2025 MLD 533 QUETTA-HIGH-COURT-BALOCHISTAN

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Muhammad Ajmal VS State S. 516-a---Penal Code (XLV of 1860), Ss.320, 279, 337-G & 427---Superdari of vehicle---Scope---Complaint was filed by the police against the accused-petitioner with the allegation that due to negligent and careless driving of accused, the vehicle in question hit a car, which resulted into death of two ladies and injuries to three other persons---Consequently, the FIR was lodged and the vehicle in question was taken into custody by the police---application filed by the petitioner for release of vehicle on superdari was dismissed---Validity---admittedly, the vehicle in question detained in the case was not the subject matter of any offence---admitted feature of the case was that the vehicle in question actually was owned by a company, which was being driven by the petitioner/accused, thus, the company had nothing to do with the commission of the offence and it could not be held liable for what its driver had done---In such a situation, the Court was bound to release the vehicle to its respective owner for proper custody---admittedly, the vehicle in question was taken into custody by the police from the possession of the petitioner, as such, he was last possessor of the vehicle in question and there was no rival claimant for superdari of the same---In case, there is no rival claimant for superdari of the vehicle then the vehicle should ordinary be given on superdari to the person from whom it is taken into possession by the police---Petitioner was the only person, who had claimed superdari of the vehicle in question, as it was admittedly taken into possession by the police from his custody and direct control---Revision petition was allowed and the vehicle in question was ordered to be released on superdari to the petitioner.

Muhammad Ajmal vs State S — 2025 MLD 533 QUETTA-HIGH-COURT-BALOCHISTAN

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