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Resource Centre / Categories :- Legal Procedures  » Criminal Law
How to get your vehicle released pending trial- SUPERDARI
Team SoOLEGAL | 01/01/1970

Overview: The police, pending investigation collects the property which is relevant for investigation during the case and thereafter keeps the same in the malkhana. The owner of this vehicle or property in order to get the same released from the court has to apply to court and seek its release from the court as per the conditions which may be imposed on the owner by the court. He has to file an application before the court in order to seek release of his vehicle. This is called superdari. The Court may then make an order for proper custody of vehicle or other such property for the period of inquiry or when trial is pending before the court. This is done in accordance with section 451 Cr.P.C.

Purpose: To seek the release of your vehicle/ property which has been impounded by the police and is kept with them during the trial.

Where the vehicle is involved in a criminal case, then it is required by the court or Police, to investigate or decide the case. Such vehicle is generally released to the owner or the person entitled to its custody or possession on temporary basis till conclusion of trail. Certain terms and conditions as the per court order are applicable before the vehicle is released. In case of temporary release, the court may require a superdari bond to be furnished. Superdari is handing over custody of something to a person till next orders. By way of this bond, the person receiving the vehicle gives an undertaking on his behalf or on behalf of the person who has authorised him , to produce the vehicle before the police or Court, as and when so required.

Areas of Application of Law: Criminal- Code of Criminal Procedure, 1973

Process:

  1. Your advocate shall file an application along with supporting documents to seek release of your vehicle by superdari.
  2. The court will give its direction and may impose condition on release of the vehicle and require you to furnish a superdari bond ( an undertaking is to be furnished on a non-judicial stamp paper of Rs. 100.)
  3. Stamp papers are available with stamp vendors within the court.
  4. After the superdari bond is accepted by the court, order to release your vehicle is given by the court.
  5. You then take a copy of the order and give it to the Malkhana Munshi of police station where your vehicle is impounded.
  6. Vehicle is released.
  7. You have to comply with the conditions of the order and should not change or tamper/alter your vehicle.

Documents required to be submitted in the court:

  • Vakalatnama
  • Copies of documents of title of the property/ vehicle and also take along the original for being shown to the court
  • The ids including driving license of the owner
  • Superdari bond. The owner of the vehicle or property can also authorise any other person se to file such an application before the court for on his behalf by complying with all the directions issued by the court by filing an authority letter along with the application

Punishment/Expected Relief: To get the vehicle released and take the same into your custody

Landmark Judgments: Principals/ guidelines for release of vehicle- Sunderbhai Ambalal Desai v. State of Gujarat- AIR 2003 SC 638

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My nephew was found dead in the car registered in my name. My nephew was paying the emi. Now the court will release the car, where you cannot sell or read more

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If i will be paying the sapurdari amount in cash. Will it be refundable???

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Is it possible to have the Superdari quashed, so as to be able to sell the vehicle? My car was stolen, and recovered within a few days, and since past read more

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Vehicle getting released by court order and earlier was caught given on lease which then got involved in carrying banned substance under NDPS. police read more

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My vehicle is released on Supardhari and was handed over to me by the police. They did not handed over me any document of their own and now the insurance read more

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What happened in ur case? Any Update?

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User Atul 01 Jan 1970 05:30 AM

How i know releasing order pass from court they call me or any sms ?

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Provide full info of your case or challan or what will you know about

User Pranab kishor Nag 01 Jan 1970 05:30 AM

Can a wife of a utnder trail prisoner also filed to realesed her husband car from police custody,if yes.. what is procedure

User SANTOSH G 01 Jan 1970 05:30 AM

My original RC and DL is still with the court. When will I get it back? I have received vehicle through Supardari but not RC and DL.

User satish ARORA 01 Jan 1970 05:30 AM

Original of DL and RC will be kept in the court till the decision of case, but in the meanwhile you can take a certificate from the court that the originals read more

User Sohanpal singh 01 Jan 1970 05:30 AM

Stats of superdari application

User Sumit Kunar 01 Jan 1970 05:30 AM

My bike has been recovered but no one is helping me to give the superdari paper. What should i do to release my bike.

User Laxmikant thawkar advocate 01 Jan 1970 05:30 AM

Hire a lawyer of your choice

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Contact me for help

User Adv satish arora 01 Jan 1970 05:30 AM

Contact

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sir due to drink and drive case my Rc got seized by Shimla police on 16 January 2020 nd i am living in Jaipur Rajasthan , so what will the processor for read more

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Sir, my car was stolen in Jan'2011 , recovered in Aug,11, still under superdari order cannot sell, no clue of the case status , what can I do remove the read more

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temporary registration in valid release the vehicle powers court no original rc

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File application through your lawyer in special Ndps court for release of vehicle u/s457

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User Sumit 01 Jan 1970 05:30 AM

Ok

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