In Pakistan, there are three main sections of the Code of Criminal Procedure (Cr.P.C.) that deal with the release of property in criminal cases. These are section 516-A, section 517, and section 523. Let’s see what each of these sections means and how they can help you recover your property.

Superdari During Trial Section 516-A(Cr.P.C.):
This section empowers the court to deliver on superdari to any person during the pendency of trial, any property regarding which any offence appears to have been committed or which appears to have been used for the commission of any offence. Superdari means the temporary custody of the property until the final disposal of the case.
The property is not necessarily to be given on superdari to the person from whose possession it was recovered, but to the person who makes the best claim to it or who can ensure its safe custody. The court may also impose any conditions or restrictions on the delivery of the property, such as furnishing a bond or security, or producing the property as and when required by the court
The purpose of this section is to ensure the proper custody of the property until the final disposal of the case and to prevent its deterioration, damage, or loss.
If you want to recover your property under this section, you have to file an application before the court and prove that you are the owner or the lawful possessor of the property, or that you have the best claim to it. You also have to satisfy the court that there is no danger of the property being tampered with, or that it is not required for the purpose of evidence.
The grant of superdari under this section is not a matter of right, but a matter of discretion of the court, which has to be exercised judiciously and in accordance with the law. The court may refuse to grant superdari if the property is involved in a serious offence, or if it is likely to be used for the commission of another offence, or if it is against the public interest.

Disposal of Property at the Conclusion of Trial Section 517(Cr.P.C.):
This section deals with the disposal of property at the conclusion of the trial. The court may order the property to be restored to the person entitled to its possession, or to be confiscated, or to be destroyed, or to be otherwise disposed of, as the court thinks fit. The court may also direct the person in whose possession the property is, to deliver it to the person entitled to it, or to any other person as the court directs.
The purpose of this section is to make a final order to dispose of the property according to the outcome of the case and the interest of justice.

If you want to recover your property under this section, you have to wait until the trial is over and the court passes its final order. The court may order the property to be returned to you if you are acquitted or if the property is not involved in the offence or used for its commission. The court may also order the property to be confiscated or destroyed if you are convicted or if the property is connected with the offence or used for its commission.
The disposal of property under this section is not a matter of right, but a matter of discretion of the court, which has to be exercised in accordance with the law and justice. The court may refuse to return the property to you if the property is of such a nature that it cannot be lawfully possessed by any person, or if it is required to be forfeited or destroyed by any law.
Interim Disposal of Property Seized by Police Section 523:
This section deals with the interim disposal of property seized by the police and reported to a magistrate, when there is no inquiry or trial in a criminal court. This section differs from sections 516-A and 517, which apply to cases where the property is produced before a criminal court during an inquiry or trial.
The property seized by the police may be of two kinds: movable or immovable. Movable property includes things like vehicles, weapons, cash, jewellery, etc. Immovable property includes things like land, buildings, crops, etc.
The police may seize any property that is alleged or suspected to have been stolen, or that is found under circumstances that create suspicion of the commission of any offence. The police have to report the seizure of such property to a magistrate within 24 hours, along with the facts and circumstances of the case.
The magistrate may then order the delivery of the property to the person entitled to its possession, subject to a bond and security for its production when required. The magistrate may also order the retention of the property by the police or any other person, until the person entitled to it is ascertained or until further orders.

Some case laws on this section are:
• 1999 P.Cr.L.J 968 Muhammad Yousaf v. Muhammad Ramzan
• 2006 PCr.LJ 311 Jam Sher Muhammad v. Manzoor Ahmad
• 2007 MLD 1096 Ali Muhammad v. Adl: Sessions Judge and others
• 2011 MLD 704 Mst. Humera Arshad v. The State and another

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