None has appeared for Respondent No, 3, therefore, he is proceeded against ex-parte.
2. The petitioner calls in question the orders dated 10.7.2007, passed by learned Ilaqa Magistrate and order dated 22.9.2008, passed by learned Addl. Sessions Judge, Multan, vide which his application seeking Superdari of vehicle Bearing No, TLA/539, Nissan Tanker, Model 1992, Chasis No, CV450YN-02107, Engine No, PF6-115025-A was rejected. Similar application and revision filed by Respondent No, 3 was also turned down by the learned Courts below with a direction to both the parties to approach the learned Civil Court for decision of question of title in a properly filed suit.
3. Learned counsel for the petitioner inter-alia contends that the vehicle in question was taken into possession from the petitioner by the police u/S. 550 Cr.P.C. and that the same is lying in the compound of Police Station, Muzaffarabad, Multan and the vehicle is likely to be deteriorated and the same is not properly maintained. Further submits that the petitioner is ready to furnish surety of any value, as directed by this Court.
4. Learned Addl. Advocate General is also of the view that the vehicle in question instead of allowing to be deteriorated, it would be in the fitness of things, if the same is given to any of the claimant subject to deposit of amount, equivalent to the market price of the vehicle in response to the query of the Court, he submits that the matter may be remanded to the learned trial Court Illaqa Magistrate for determination of market price of the vehicle in question, whereafter the learned Maga Magistrate may be directed to require the person obtaining the vehicle on Superdari to deposit with him the Saving Certificates of the equivalent value, which should be transmitted to the treasurer/DR(J) of this Court for the safe custody till the time controversy is resolved by the Court of competent jurisdiction.
5. At present, there is no other claimant. The petition Bearing No, 6588/2008, filed by Respondent No, 3 has already been dismissed for non-prosecution, whereas in the present proceedings, they have been proceeded against ex-parte and the only claimant before this Court is the present petitioner. In view of above, I allow this petition and direct that the vehicle Bearing No, TLA/539, Nissan Tanker shall be given to the petitioner on Superdari in the following terms:--
(a) The petitioner shall approach the learned Maga. Magistrate alongwith copy of this order requesting for determination of market price of the vehicle in question.
(b) The learned Illaqa Magistrate without loss of time shall determine the market value of the vehicle in question and thereafter shall require the petitioner to purchase the Saving Certificates, to be invested in any profit bearing scheme preferably from the National Saving Centre.
(c) The learned Illaqa Magistrate without loss of time shall transmit the Savings Certificates so received to the teasurer/DR(J) of this Court for safe custody. The treasurer of this Court upon receipt of the Saving Certificates shall keep the same in safe custody and shall not disburse them without order of this Court.
(d) Thereafter, the petitioner shall be given vehicle on Superdari. The petitioner shall be bound to produce the vehicle in question before any Court of law, if and when required.
(e) The petitioner shall get resolved the issue of ownership from a competent Court of law. The amount of Saving Certificates alongwith profit shall be disbursed to a party, who is declared as a lawful owner by a competent Court of law.
6. With these observations, this petition stands disposed of.