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SUPERDARI

SUPERDARI


INTRODUCTION

It is a normal procedure by the police that during any investigation or interrogation, they seize any property that they think is evidence and will be helpful in the process of trial, .The property also includes money that has been stolen and recovered. The main question that arises in the mind of a rational person is, what next? How to return property? If a person waits for the test to end then it may take one year, five years or ten years, so one cannot wait for so long. Therefore, the basic rule relating to disposal of property that people generally know is that one can get their property back only after the trial ends. However, there is a provision under the Criminal Procedure Code, 1973 which allows a person to temporarily regain possession of property that was confiscated.

 

MEANING OF PROPERTY

Under this section, property means all types of property and documents which have been produced before the court and which are in the custody of the court. It also includes property that has been used to commit a crime or has been committed. In the case of Sunderbai Ambalal Desai v. State of Gujarat [1], where the apex court stated that the order regarding custody of goods during the court hearing is applicable to all categories of property.

 



MEANING OF SUPERDARI / SAPURDARI

Superdari or Sipurdari means the disposal of property which is related to the offense that the person entitled to it on a fixed bond provided that person must produce that property whenever the court requires it. The Superdari provision states that the property is handed over by the court to the person from whose custody it was taken, unless there are contrary claims.

The order in relation to the Superdari is to be passed by the Magistrate, only then the police can proceed. Superdari basically means handing over the custody of a property until the trial is on. This is a temporary process. In the case of Balbir Singh v. Commissioner of Income Tax, sapurdar was used to recover money.

 

Each power has certain restrictions, the same goes with the possession of a property subject to certain terms and conditions, which have been established by the court.




HOW TO APPLY FOR CUSTODY OR POSSESSION?

A person can either file an application before the court on his own or authorize someone to file an application on behalf of you for the custody of property. After filing the application, all have to follow all the instructions which have been issued by the court. In addition to the application one has to provide as a document of title to the property, it also applies to properties that have been confiscated by police during investigations and inquiries, but they can only be released in exceptional situations.

 

“Sec.451 of CrPC relates to the recovery of stolen property, obtained or being used as evidence in a case during investigation or for which a trial is pending or trial has not ended. Any person can come under this second. Acquisition of Custody and Possession of Property Through Provision of Superdairy, which is based on fixed bonds”.




SURETY BOND UNDER SUPERDARI

The first thing which is in addition to following the other instructions of the court is to provide a surety bond. A surety bond is a type of undertaking to own property, which is presented in court. Upon accepting the undertaking, one ensures the entire liability of the property on a temporary basis, according to which the court passes an order approving the custody or possession of the property. The bail amount on non-judicial stamp paper was Rs. 100.

 

After the Superdari order is passed, one has to collect a dash copy of the order and present it to the police so that one can get the custody of the property.

 



PROVISIONS RELATING TO DISPOSAL OF PROPERTY UNDER CRIMINAL PROCEDURE CODE

·        The Code of Criminal Procedure has empowered the courts to deal with the disposal of assets in dispute, which are settled under Sec.451, Sec.452, Sec.456, Sec.458, and Sec. 459. These provisions provide power to the court to dispose of the property after the trial ends as the court claims that either destruction, confiscation or the person claiming it must fit the delivery.

 

·        The Court also has the power to sell goods which may be defective if unknown to the owner of such property. Also in relation to the property, the owner of which is unknown and the owner of the property is unable to show that he legally acquires it, it is also dealt with by the state government. All these orders are passed by the magistrate and work according to the order of the police. This provision restricts the police to dispose of their own property. Accurate and police confiscations are required in case of search.

 

·        These provisions are known by many, but what remains unknown is that the CRPC also has provisions relating to disposal of property, for which investigation or trial is pending or is still under process. Which benefits the owner of the property or the owner of the property to use his property or keep it in his possession during litigation. Therefore, the main objective of all these provisions is to reduce the inconvenience of the person during the test.

 

·        Provisions relating to disposal of property, while the trial of the suit is pending under Sec. 451 CrPC.

 

·        Sec.451specifically deals with the power of the court in relation to the disposal of goods and properties for which litigation is pending. Sec.451 states that, when any property is presented before a criminal court during its investigation or trial, the court has the power to make and pass any order before the trial is completed, Which he deems fit for the custody and disposal of property. If the property is subjected to decay, the court may sell or dispose of it after possessing the necessary evidence.

 


OVERVIEW/COMPLETE PROCESS TO RELEASE PROPERTY FROM COURT

·        The police, pending investigation collects the property which is relevant to the investigation during the case and is then kept in the Malakhana.

·         The owner of this vehicle or property has to apply to the court for release from the court and his release can be sought from the court as per the conditions of its owner.

·        He will have to file an application before the court for the release of his vehicle. It is called Superdari.

·        The court may then make an order for proper custody of the vehicle or other such property for the duration of the investigation or when the trial is pending before the court. This is done in accordance with Section 451 Cr.PC

·        Purpose:to leave his vehicle / property which has been planted by the police and kept with him during the trial.

 


Where the vehicle is involved in a criminal case: It is required by the court or police to investigate or decide the case. Such a vehicle is generally left to the owner or the person who is entitled to its custody or possession on a temporary basis until the conclusion of the mark.

As per the court order certain terms and conditions apply before the vehicle is released. In the case of temporary release, the court may require a superdari bond.

Superdari is handing over something to a person until further orders. Through this bond, the person acquiring the vehicle gives an undertaking on his own behalf or on behalf of the person who produced the vehicle before the police or court, as and when required.

 

 

THE CONCLUSION

The Criminal Procedure Code provides for some exemption from the hectic process of trial in relation to maintaining possession of property through sections 451 and 452, but both these sections do not apply to cases where the death of the accused during the trial Done. The provision also states that the accused should not be entrusted with the seized property until the case is concluded.

 

In addition to the disposal power, the court also has the power to retain the property granted under the Superdari if the court feels that the possessor is not taking proper care of what is necessary for the property or if it misuses the property. This is one of the reasons why the assets disposed under Sec.451 are temporary. After obtaining custody of the property, it is mandatory to follow the other instructions of the court, which include furnishing the property to the court whenever required for trial.

 

 

 


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