MUHAMMAD RAZA KHAN, C.J.--- This is an application for the release of Car No,LZW-110 on interim custody to the petitioner on the ground that he was the owner thereof and had given the vehicle to respondent No,2, the Manager of 'Rent a Car' service, who handed over the same to respondent No,1 under a contract, but the latter was intercepted by the police and huge quantity of Charas was recovered from beneath the driver's seat. Hence the said driver Bilal Aziz (respondent No,1) was arrested along with another person namely Shahid Maqbool and the car in question was taken over by the Investigating Agency as the case property. The petitioner had earlier prayed for the release of the car on `Superdari', but the same was declined on the ground that the petitioner did not have the relevant documents of ownership. In this second round he requests for its release on production of the documents thereof.
2. I have listened to the arguments and examined the record.
3. The documents annexed by the petitioner with the present petition indicate that he was the transferee of the vehicle vide Purchase Order No,9650, whereas he applied for purchase of vehicle through Union Bank of 18-12-2004. The petitioner entered into a contract with respondent No,3 vide an agreement dated 21-11-2006. The agreement between respondents Nos.1 and 2 dated 17-5- 2007.Has also been placed on file. Thus the contention about the ownership, lease between the petitioner and respondent No,2 and the subsequent lease between respondents Nos.1 and 2 is established. There is no rival claimant. The earlier application for rejection of a similar request is not a hindrance, because by then the petitioner was not in possession of the documents now supplied by him. He allegedly got the documents from the Bank after rejection of the earlier application.
4. Since the only hurdle in the way of the petitioner has been removed. The retention of the vehicle at the police station may deteriorate its value and, therefore, the petitioner deserves to utilize his property, which was used for an offence by respondent No,1 without the consent or knowledge of the petitioner. This petition is, therefore, allowed and the vehicle may be released to the petitioner on Superdari' subject of furnishing surety bonds in the sum of Rs,400,000.(four lacs) with two sureties each in the like amount to the satisfaction of the learned trial Court.