How to get your vehicle released pending trial- SUPERDARI
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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

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