Superdari- Disposal of Property

 

Superdari, in the context of Indian law, refers to the temporary custody or release of seized property (e.g., vehicles, documents, electronics) to the rightful owner or claimant during the pendency of a legal case or investigation. This provision is typically used when the seized property is not directly related to the crime or is essential for the owner's livelihood.

Superdari is a process in which the police dispose of the property that is related to any offense. The person who is entitled to it shall file an application in a court of law. The person shall be provided with the vehicle on a surety bond.

·      Key Provisions for Property Disposal under the Code of Criminal Procedure (CrPC): Sections 451, 452, 456, 458, and 459

The Code of Criminal Procedure (CrPC), 1973, outlines comprehensive guidelines for the disposal of property involved in criminal cases. Sections 451, 452, 456, 458, and 459 specifically address various aspects of property disposal, ensuring fair and legal procedures.

Section 451: Order for Custody and Disposal of Property Pending Trial

This section empowers the Court to issue orders regarding the custody and disposal of property during an ongoing inquiry or trial. If the property is perishable or subject to decay, the Court may, after recording necessary evidence, order its sale or disposal. However, an order for disposal cannot be executed for two months or until an appeal is disposed of (except for livestock or perishable items).

Section 452: Order for Disposal of Property at the Conclusion of Trial

After the trial concludes, the Court may order the disposal of property based on the case's outcome. If the accused is convicted, the property can be used to pay fines or compensation. If the accused is acquitted, the property is returned to the person entitled to its possession.

Section 456: Power to Restore Possession of Immovable Property

This section grants the Court the authority to restore possession of immovable property to the rightful owner if it was dispossessed during a criminal offense. This ensures the prompt return of property to its rightful owner upon the conclusion of the case.

Section 458: Procedure by Police upon Seizure of Property

When the police seize property, this section mandates that they prepare a list of the seized items and report it to the Magistrate. The Magistrate can then pass appropriate orders regarding the property's disposal.

Section 459: Delivery of Property to any Person

If the property is not needed for the investigation or trial, the Court can order its delivery to any person entitled to its possession. This provision facilitates the timely return of property to its rightful owner when it's no longer required for legal proceedings.

Significance of These Provisions

These CrPC provisions are crucial for ensuring the fair and proper handling of property involved in criminal cases. They aim to protect the interests of all parties involved, ensuring the rightful owner's access to their property while safeguarding the interests of justice.

How does Superdari work?

1.    Application: The owner or claimant files an application in the relevant court, requesting the release of the seized property on Superdari.

1.    Evidence: The applicant must provide sufficient evidence to establish their claim to the property, such as ownership documents, purchase receipts, etc.

1.    Hearing: The court will hold a hearing to consider the application and any objections raised by the opposing party.

1.    Order: If the court is satisfied with the evidence and arguments, it may order the release of the property on Superdari, subject to certain conditions, such as furnishing a bond or surety.

1.    Conditions: The court may impose conditions on the release, such as requiring the owner to produce the property in court whenever necessary or restricting its use in certain ways.

• Reduces Inconvenience: Superdari helps minimize the inconvenience caused to individuals who rely on the seized property for their daily activities or livelihood.

• Expedites Justice: It allows for a quicker resolution of cases related to seized property, as the rightful owner can regain possession without waiting for the final verdict.

• Protects Property: Superdari helps protect the seized property from potential damage or loss while in custody.

• Legal Requirements: The specific legal requirements for Superdari may vary depending on the nature of the case and the type of property involved.

• Court Discretion: The decision to grant Superdari is at the discretion of the court, which will consider various factors, including the nature of the case, the value of the property, and the potential risk of misuse.

• Legal Assistance: It is advisable to seek legal assistance from an experienced lawyer to navigate the Superdari process and ensure that all legal requirements are met.

If you are in Punjab and need assistance with a Superdari application or have any legal queries related to seized property, you can reach out to Umakant Tripathi and Associates LLP at the following numbers:

• +91-7589056455

• +91-9519556455

 

We are conveniently located in Pathankot, Punjab, and can provide expert legal advice and representation to help you secure the release of your seized property.