Application format to release stolen vehicle from Police custody
Purpose of this application
This application is filed under Section 452 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for the release of a seized vehicle on superdari (interim custody). Police often seize vehicles in cases like theft, accidents, or use in an offence. The vehicle cannot be left to rot in the police station or malkhana (storehouse) because non-use damages it. The registered owner can apply to the court for release of the vehicle on superdari, i.e., temporary custody until the final disposal of the case.
When is it used?
- When a vehicle is stolen → police recover it → it is kept in a police station → the owner wants it back before the case ends.
- When a vehicle is involved in an accident → seized for investigation → later not required.
- When a vehicle is allegedly used in an offence (e.g., smuggling, rash driving, transporting contraband).
- Court may return it on conditions, unless the law requires confiscation.
- When a vehicle is lying unclaimed or abandoned, but a rightful owner appears.
What is its purpose?
- To protect the vehicle from damage or deterioration while the case is pending.
- To allow the lawful owner to use their property.
- To ensure that the vehicle can be produced before court/police if required.
- To balance investigation needs with the owner's rights.
Other important things
- Proof of ownership: RC, insurance, and ID proof are mandatory.
- Bond/security: The Court directs the applicant to execute a bond (sometimes with surety) to ensure the vehicle will be produced whenever ordered.
- Photographs & panchnama: Court usually orders detailed photographs and documentation before release, so evidence is preserved.
- Superdari is temporary: Final decision on confiscation/release comes only at the end of the trial, under Section 497 BNSS, 2023.
- False claims: If someone falsely claims vehicle ownership, it's punishable under BNSS Sections 227, 229 (perjury and false statement).
- Not automatic: Release depends on the court's satisfaction that the vehicle is not required for further investigation.
FAQs
-
Q1. What does "superdari" mean?
-
It means temporary custody of property during trial, given to the owner on a bond, subject to producing it when asked.
-
Q2. Who can apply for the release of a vehicle?
-
The registered owner or any person who can prove lawful possession (like a finance company or lessee).
-
Q3. Can a stolen vehicle be released to the accused?
-
No. It is normally released only to the lawfully registered owner.
-
Q4. If a vehicle is used in a serious offence (smuggling, NDPS Act, etc.), will it be released?
-
Not always. Certain laws (like the NDPS Act and Customs Act) provide for mandatory confiscation, so the court may refuse superdari.
-
Q5. Is the release final ownership?
-
No, it is temporary custody until the trial is over. Final orders about disposal of property are passed under Section 459 BNSS, 2023 after trial.
-
Q6. Do I have to keep the vehicle in the same condition?
-
Yes. The bond usually requires you not to sell, transfer, or materially alter the vehicle.
-
Q7. What if I don't produce the vehicle when court asks?
-
You will forfeit the bond and may face contempt or further penalties.
-
Q8. Can the police release the vehicle directly?
-
No. Only the Magistrate's Court can pass an order for release on superdari.
-
Q9. Is there a time limit to apply?
-
No fixed limit, but it is best to apply as soon as the vehicle is no longer needed for investigation.
-
Q10. Is the application allowed for all vehicles?
-
Yes, but if the vehicle is subject to confiscation under a special Act, release may not be granted.
(This is only a sample format for understanding.) Details will vary from case to case.
IN THE COURT OF THE CHIEF METROPOLITAN MAGISTRATE AT __________
CASE NO. _________ OF 20__
(Affix Court Fee Stamp of Rs. ___)
IN THE MATTER OF:
STATE
……………..COMPLAINANT
VERSUS
A____
………………….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 when the applicant retired for the night. However, on the following morning at about 6:30 AM, the vehicle was found missing. Despite extensive efforts, the vehicle could not be located.
- That the applicant immediately contacted the police. Two officers visited his residence and collected relevant information. Thereafter, the applicant personally went to Police Station __________, where an FIR No. ______ dated _______ was duly lodged.
- That on ________, Sub-Inspector _________ of Police Station __________ informed the applicant that his vehicle had been recovered from a thief. The applicant visited the police station and duly identified his vehicle, which is presently lying at the police station.
- That the police have stated that the vehicle is no longer required for investigation. The applicant is in urgent need of the vehicle and apprehends that continued lying idle at the police station will result in deterioration and damage.
- That the applicant respectfully requests release of his vehicle No. ________ on superdari. He undertakes to produce the same before the Hon'ble Court or the Investigating Agency whenever directed.
- That the applicant is ready and willing to furnish a proper bond or undertaking as may be ordered.
PRAYER
In view of the above, it is most humbly prayed that this Hon'ble Court may kindly direct the release of vehicle No. ________ to the applicant on superdari.
And for this act of justice, the applicant, as in duty bound, shall ever remain grateful.
APPLICANT
THROUGH COUNSEL
Place: __________
Date: __________
Add new comment