Release of case property / vehicle on superdari

Model format for general reference only. Not legal advice. Adapt to the facts and the court's current rules. Source: masterlegalwork.com

IN THE COURT OF [DESIGNATION OF THE PRESIDING OFFICER], [PLACE]

[CASE TYPE] No. ____ of 20__

Versus

Next date of hearing: [DATE]

APPLICATION UNDER SECTION [497 / 503] OF THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 [SECTION 451 / 457 CrPC] FOR RELEASE OF [VEHICLE No. __ / CASE PROPERTY] ON SUPERDARI

Respectfully showeth:

1. That the [VEHICLE No. __, make __, model __, chassis No. __, engine No. __ / ARTICLE] was taken into possession by the police on [DATE] in [FIR No. __ dated __, under Sections __ of the Bharatiya Nyaya Sanhita, 2023 (or the corresponding IPC sections for offences before 01.07.2024), Police Station __, District __].
2. That the applicant is the [registered owner / lawful owner] of the said [vehicle / property], as per [REGISTRATION CERTIFICATE / INVOICE] (Annexure A-1).
3. That the [vehicle / property] is lying at [POLICE STATION] in the open and is deteriorating, and keeping it there serves no useful purpose. It is not required for further investigation [or: the investigation is complete].
4. That the applicant undertakes to produce the [vehicle / property] before the investigating agency or this Court whenever required, not to sell, transfer or alter its identity, and to furnish a superdari bond with surety in such amount as this Court directs.
5. That seizure occurred on [date], under [memo], and custody is [police / court / other]. The property is identified by [registration, chassis, engine, serial number, quantity and photographs].
6. That the applicant’s right to interim possession is established by [registration, invoice, financing or ownership record]; competing claimants and financier/insurer interests are disclosed as [ ].
7. That preservation by continued custody causes [documented deterioration or hardship]. Identification and evidentiary needs can be protected by [inventory, photographs/video, valuation and record] before release.
8. That the applicant undertakes to produce the property as ordered, preserve identifying features, and comply with [bond, security and non-transfer conditions]. Any confiscation proceeding, special-law restriction or rival application is [details].
9. That the applicable procedural power is [Section 497 BNSS / Section 503 BNSS / saved Section 451 or 457 CrPC], selected according to production before Court and the seizure posture; any statutory timetable and special-law regime are addressed.
10. That [OPTIONAL: retain only after verifying the cited rule and these facts] deterioration or hardship is evidenced by [records], ownership/possession claim by [documents], and identity can be preserved by [inventory and photographs]. Applying Sunderbhai Ambalal Desai, interim custody on [bond and security] is sought, subject to [special-law and rival-claim position].

PRAYER

It is, therefore, respectfully prayed that the [vehicle / property] described above may kindly be released to the applicant on superdari, on such terms and conditions as this Hon'ble Court deems fit.

Note: Photographs and a panchnama of the property are usually prepared before release. Annex the RC, insurance and identity proof.

IN THE COURT OF [DESIGNATION OF THE PRESIDING OFFICER], [PLACE]

[CASE TYPE] No. ____ of 20__

Versus

AFFIDAVIT

Affidavit of [NAME OF DEPONENT], [S/o / D/o / W/o] [NAME], aged about [__] years, resident of [FULL ADDRESS WITH PIN CODE].

I, the above-named deponent, do hereby solemnly affirm and declare as under:

1. That the deponent is competent to swear this affidavit and the accompanying [suit / petition / application] has been drafted by counsel on the deponent’s instructions. Its contents have been read over and explained in [LANGUAGE], understood by the deponent, and are incorporated as part and parcel of this affidavit; the factual statements are true to the deponent’s knowledge or identified records, and legal submissions are based on advice believed to be true.
2. That [no same or similar suit / petition / application on the same cause of action has been filed / the following prior or pending proceedings, outcomes and orders are fully disclosed: ___]. Nothing material has been concealed.

DEPONENT

VERIFICATION

Verified at [PLACE] on [DATE] that paragraphs 1 and 2 above are true and correct to my knowledge and identified records, with legal submissions based on advice believed true. Nothing material has been concealed.

DEPONENT

Note: To be sworn before an Oath Commissioner / Notary Public and stamped as required by the applicable rules.