Affidavit Format to Release Stolen Vehicle from Police Custody

Last updated: February 10, 2026 Type: Affidavit Format Type: Affidavit Fill the Affidavit

**Sample PDF of the Affidavit is attached at the end. (This is only a sample format for understanding.) Details will vary from case to case.

Why is this affidavit used?

This affidavit is submitted to the Chief Metropolitan Magistrate (CMM) or competent Magistrate when the registered owner of a seized/recovered vehicle seeks temporary release on superdari (custody) while a criminal case is ongoing.

Under BNSS 2023, Section 106, police can seize vehicles involved in theft, accidents, or offences. Once the vehicle is no longer required for investigation, the lawful owner can request its release on execution of a bond.

When is it used?

Vehicle stolen → police recover it → kept in police custody → owner wants it back before trial ends.
Vehicle involved in an accident → seized for investigation → later not required.
Vehicle allegedly used in an offence (rash driving, smuggling, transporting contraband).
Vehicle lying unclaimed or abandoned → rightful owner appears.
Vehicle recovered from the accused or third party → not needed for further inquiry.

Purpose of this affidavit

Request the court to release the vehicle on superdari (temporary custody).
Ensure the vehicle does not deteriorate while in police custody.
Balance investigation needs and the owner's property rights.
Enable lawful use of the vehicle for daily purposes.
Confirm the owner's willingness to produce the vehicle whenever required by court/police.

Important points

Proof of ownership: RC, insurance, and ID proof must be attached.
Bond/undertaking: Owner executes a bond ensuring production of vehicle on demand.
Photographs/panchanama: The Court usually orders detailed documentation of the vehicle before release.
Temporary custody: Superdari is interim; final disposal under BNSS Section 497, 2023.
False claims: Perjury under BNSS Sections 228 and & 229 is punishable.
Court discretion: Release granted only if the vehicle is not required for investigation or evidence.

FAQs

Q1. What is "superdari"?: Temporary custody of property during trial; the owner produces it when the court/police requires it.
Q2. Who can apply?: Registered owner or lawful possessor (finance company, lessee).
Q3. Can a stolen vehicle be released to the accused?: No. Only to the lawful owner.
Q4. Can all seized vehicles be released?: Not if confiscation is mandated under other laws (NDPS Act, Customs Act, etc.).
Q5. Is release permanent ownership?: No. Ownership stays the same; custody is temporary until final court orders.
Q6. Can the vehicle be used after release?: Yes, but it cannot be sold, transferred, or materially altered until the case concludes.
Q7. What if the vehicle is not produced when required?: Bond is forfeited; may attract contempt proceedings or penalties.
Q8. Can police release the vehicle directly?: No. Only the Magistrate's Court can order release on superdari.
Q9. Is there a time limit to apply?: No strict limit, but advisable as soon as the vehicle is no longer needed for investigation.
Q10. Are vehicles released automatically?: No. Court ensures vehicle is safe, lawful owner is verified, and investigation is not hampered.

Downloads & Resources

sample-pdf-of-affidavit-for-release-stolen-vehicle (368.33 KB)

Legal Affidavit Document

IN THE COURT OF THE CHIEF METROPOLITAN MAGISTRATE AT ___

CASE NO. ___ OF ___

(Affix Court Fee Stamp of Rs. ___)

IN THE MATTER OF:
STATE

……………..COMPLAINANT

VERSUS

___

………………….ACCUSED

FIR No. ___ Dated: ___
Under Section ___
Police Station: ___

APPLICATION FOR RELEASE OF VEHICLE NO. ___

MOST RESPECTFULLY SUBMITTED:

That the applicant is the lawful registered owner of the vehicle bearing Registration No. ___, Engine No. ___, and Chassis No. ___.
That on ___ at about 7:30 PM, the applicant parked the said vehicle outside his residence. It remained there until 11:30 PM. However, on the following morning at about 6:30 AM, the vehicle was found missing.
That the applicant immediately contacted the police and thereafter visited Police Station ___, where FIR No. ___ dated ___ was lodged.
That on ___, Sub-Inspector ___ of Police Station ___ informed the applicant that the vehicle had been recovered and is presently lying at the police station.
That the police have stated that the vehicle is no longer required for investigation and continued retention may cause deterioration.
That the applicant prays for release of the vehicle No. ___ on superdari and undertakes to produce it whenever directed by this Hon'ble Court or the Investigating Agency.
That the applicant is ready to furnish a bond or undertaking as may be directed.

PRAYER

In view of the above facts, it is most humbly prayed that this Hon'ble Court may kindly direct the release of vehicle No. ___ to the applicant on superdari.

APPLICANT
THROUGH COUNSEL
Place: ___
Date: ___