LAHORE: Lahore High Court (LHC) has remarked custody of non-custom paid vehicle cannot be handed over to its real owner on superdari without completing investigation.
The custody of non customs paid vehicle can be handed over on superdari to the real owner following the completion of the investigation.
The court issued the written decision setting the new legal norms in connection with superdari of non customs paid vehicles.
The case came up for hearing before a single bench of LHC presided over by justice Amjid Rafiq here Wednesday.
The court nullified the Sessions court decision for handing over custody of the non customs paid vehicle to the citizen on superdari without completion of investigation.
The court remarked Special judges and magistrate are not authorized to hand over custody of non customs paid vehicles to citizen on immediate superdari without completing the investigation.
The decision said the petitioner is employee of border military police. The vehicle of the citizen was stopped on police barricade during duty. The customs authorities were informed about the action taken against the vehicle. Customs authorities have initiated no proceedings so far. On the other hand the citizen got the vehicle through superdari process from the court of additional sessions judge. .
The petitioner challenged the decision of additional sessions judge in high court; The petitioner performed his duty honestly. He informed the local police and customs authorities about the vehicle. Additional sessions judge ordered to return the vehicle contrary to the facts.
It has been said in the decision that the custody of vehicle cannot be given on superdari without the completion of police inquiry and investigation.
