If the vehicle has been seized by the police during investigation, as it appears from your question, then you have to make an application before the Magistrate having jurisdiction under Section 457 of the Criminal Procedure Code for return of the property. After seeking comments from the police, the Magistrate, if he thinks fit, may direct the delivery of the vehicle to you on “supardari” or “supardnama”, i.e., in your custody subject to conditions imposed by the Magistrate, such as on an undertaking that you would produce the vehicle at the time of the trial for evidence purposes, if needed.
Section 457 Cr.P.C. is as under:
“457. Procedure by police upon seizure of property.— (1) Whenever the seizure of property by any police officer is reported to a Magistrate under the provisions of this Code, and such property is not produced before a Criminal Court during an inquiry or trial, the Magistrate may make such order as he thinks fit respecting the disposal of such property or the delivery of such property to the person entitled to the possession thereof, or if such person cannot be ascertained, respecting the custody and production of such property.
(2) If the person so entitled is known, the Magistrate may order the property to be delivered to him on such conditions (if any) as the Magistrate thinks fit and if such person is unknown, the Magistrate may detain it and shall, in such case, issue a proclamation specifying the articles of which such property consists, and requiring any person who may have a claim thereto, to appear before him and establish his claim within six months from the date of such proclamation.”
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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