How to get your vehicle released pending trial- SUPERDARI

Overview: The police, pending investigation collects the property which is relevant for investigation during the case and thereafter keeps the same in the malkhana. The owner of this vehicle or property in order to get the same released from the court has to apply to court and seek its release from the court as per the conditions which may be imposed on the owner by the court. He has to file an application before the court in order to seek release of his vehicle. This is called superdari. The Court may then make an order for proper custody of vehicle or other such property for the period of inquiry or when trial is pending before the court. This is done in accordance with section 451 Cr.P.C.

Purpose: To seek the release of your vehicle/ property which has been impounded by the police and is kept with them during the trial.

Where the vehicle is involved in a criminal case, then it is required by the court or Police, to investigate or decide the case. Such vehicle is generally released to the owner or the person entitled to its custody or possession on temporary basis till conclusion of trail. Certain terms and conditions as the per court order are applicable before the vehicle is released. In case of temporary release, the court may require a superdari bond to be furnished. Superdari is handing over custody of something to a person till next orders. By way of this bond, the person receiving the vehicle gives an undertaking on his behalf or on behalf of the person who has authorised him , to produce the vehicle before the police or Court, as and when so required.

Areas of Application of Law: Criminal- Code of Criminal Procedure, 1973

Process:

  1. Your advocate shall file an application along with supporting documents to seek release of your vehicle by superdari.
  2. The court will give its direction and may impose condition on release of the vehicle and require you to furnish a superdari bond ( an undertaking is to be furnished on a non-judicial stamp paper of Rs. 100.)
  3. Stamp papers are available with stamp vendors within the court.
  4. After the superdari bond is accepted by the court, order to release your vehicle is given by the court.
  5. You then take a copy of the order and give it to the Malkhana Munshi of police station where your vehicle is impounded.
  6. Vehicle is released.
  7. You have to comply with the conditions of the order and should not change or tamper/alter your vehicle.

Documents required to be submitted in the court:

  • Vakalatnama
  • Copies of documents of title of the property/ vehicle and also take along the original for being shown to the court
  • The ids including driving license of the owner
  • Superdari bond. The owner of the vehicle or property can also authorise any other person se to file such an application before the court for on his behalf by complying with all the directions issued by the court by filing an authority letter along with the application

Punishment/Expected Relief: To get the vehicle released and take the same into your custody

Landmark Judgments: Principals/ guidelines for release of vehicle- Sunderbhai Ambalal Desai v. State of Gujarat- AIR 2003 SC 638

Legal Process Outsourcing This Document

User Comments

Abhisekh Das   14 Apr 2021 5:12pm
Vehicle getting released by court order and earlier was caught given on lease which then got involved in carrying banned substance under NDPS. police provided a positive report on case as there was no such direct involvement of owner and it was on lease. Court ordered to release the vehicle. Can this vehicle be sold ?
Reply
Manish Bharti   20 Mar 2021 11:32am
My vehicle is released on Supardhari and was handed over to me by the police. They did not handed over me any document of their own and now the insurance company is asking for Malkhana Report without which they refuse to process any claim. My vehicle was handed over to me in a damaged condition. Police is refusing to give any such document and asking to deal with the insurance company on my own. Pls advise.
Reply
Gautam   30 Mar 2021 4:25pm
What happened in ur case? Any Update?
Reply
Karan   24 Mar 2021 7:13pm
For expert advice, Contact me. my Email Id: karan0042s@gmail.com
Reply
Karan   24 Mar 2021 7:14pm
Mobile: 9877609231
Reply
Karen R Rymer   16 Mar 2021 3:40pm
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Reply
Rabisankar Mukherjee   28 Feb 2021 11:09am
Excellent feedback
Reply
Corine Harris   16 Feb 2021 3:14pm
Parenting Orders are made to be in place until the child is no longer a child, that is until the child turns 18 years of age. However, with the needs and circumstances of a child changing from day to day, how reasonable is it to expect that Parenting Orders will spell out the full extent of ongoing care and living arrangements for your child until they are 18? The answer – unreasonable. I have also read an article which is the same as this article Alberta Family Court Forms
Reply
Arun Yadav   9 Feb 2021 3:24am
No problem.. If your challan is in the court Then we will help you in it Contact +918447771923 (only in Gurgaon Court)
Reply
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Reply
Atul   22 Dec 2020 11:04am
How i know releasing order pass from court they call me or any sms ?
Reply
Arun Yadav   9 Feb 2021 3:07am
Provide full info of your case or challan or what will you know about
Reply
Pranab kishor Nag   7 Nov 2020 5:08pm
Can a wife of a utnder trail prisoner also filed to realesed her husband car from police custody,if yes.. what is procedure
Reply
SANTOSH G   26 Oct 2020 2:44pm
My original RC and DL is still with the court. When will I get it back? I have received vehicle through Supardari but not RC and DL.
Reply
satish ARORA   26 Oct 2020 11:55pm
Original of DL and RC will be kept in the court till the decision of case, but in the meanwhile you can take a certificate from the court that the originals are with to court, it will help you to run the vehicle on road..
Reply
Sohanpal singh   6 Oct 2020 9:34am
Stats of superdari application
Reply
Sumit Kunar   24 Sep 2020 3:34pm
My bike has been recovered but no one is helping me to give the superdari paper. What should i do to release my bike.
Reply
Laxmikant thawkar advocate  18 Jan 2021 8:58pm
Hire a lawyer of your choice
Reply
Naresh kumar Advocate   22 Nov 2020 8:03am
Contact me for help
Reply
Adv satish arora   26 Oct 2020 11:56pm
Contact
Reply
Rahul Sharma   20 Sep 2020 5:32pm
sir due to drink and drive case my Rc got seized by Shimla police on 16 January 2020 nd i am living in Jaipur Rajasthan , so what will the processor for realise my RC from Himachal court ?
Reply
Vinay Kumar Nigam   12 Jul 2020 2:28pm
Meri Car Pimpri Chilwad, Pune me Seez Hai. Usko release karana hai. mai Kanpur me rahta hu.
Reply
Prabhat   9 Jun 2020 2:44pm
Sir, my car was stolen in Jan'2011 , recovered in Aug,11, still under superdari order cannot sell, no clue of the case status , what can I do remove the car from Superdari, No summon received till date for any Gavahi
Reply
T.ramanjineyulu advocate ap   8 May 2020 9:42pm
temporary registration in valid release the vehicle powers court no original rc
Reply
Amit   16 Sep 2020 11:51am
sir will the same procedure applicable for cars seized in NDPS related case , I am A2 in the case but my car is seized and the cops are asking to pay entire amount of IDV as surety for it to be released.
Reply
Laxmikant thawkar advocate  18 Jan 2021 9:03pm
File application through your lawyer in special Ndps court for release of vehicle u/s457
Reply
LegalSeva   30 Apr 2020 8:29am
This explains the process very nicely how to release vehicle from the Police Custody.
Reply
Sumit   6 Nov 2019 3:10pm
Ok
Reply
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