Israr Hussain vs State Ss — 2026 MLD 719 Gilgit-Baltistan Chief Court

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Israr Hussain VS State Ss. 516-a, 523 & 561-a---Superdari of case property---Scope---Seizure of motorcycle as case property of a criminal case---Superdari of motorcycle, refusal of---Petitioner applied for superdari of the motorcycle but the Judicial Magistrate rejected the applications and District and Sessions Judge also rejected the revision petition---Petitioner contended that he was bona fide purchaser and last possessor of the motorcycle in question and the original documents of the said motorcycle were in his possession---Validity---admittedly, FIR had been registered under S.381-a, P.P.C, regarding theft of the motorcycle in question---Said fact had not been controverted by the petitioner---alleged occurrence was under investigation by the concerned Police Station---Question of ownership and entitlement to possession could be determined by the Court concerned where the FIR was registered after completion of the investigation---Furthermore, the documents produced by the petitioner did not show his ownership over the motorcycle in question nor it had been verified by the concerned registration authority to establish lawful ownership and until such verification was made, the claim of bona fide purchase could not be safely accepted---Ordinarily, the Courts lean in favour of releasing property on superdari to the person who is prima facie the owner or last possessor of the same, subject to his furnishing a suitable bond and undertaking to produce the property as and when required---However, when the property is allegedly stolen and a criminal case regarding its theft is registered in another district, the Court must act with caution and ensure that the release does not frustrate the ongoing investigation or the rights of the true owner---Petition being devoid of merits was dismissed, in circumstances.

Israr Hussain vs State Ss — 2026 MLD 719 Gilgit-Baltistan Chief Court

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