The Supreme Court is likely to set a precedent in a matter where the police failed to implement the concerned magistrate order for disposal of a seized asset (superdari) in a pending trial since 2000.
An order for custody and disposal of property in pending trial (commonly referred to as Superdari) is governed by Section 516-A of the Code of Criminal Procedure (CrPC) and stipulates "when any property regarding which any offence appears to have been committed, or which appears to have been used for the commission of any offence is produced before any criminal court during an inquiry or trial, the court may make such order as it thinks fit for the proper custody of such property pending the conclusion of the inquiry or trial, and if the property is subject to speedy or natural decay, may, after recording such evidence as it thinks necessary, order it to be sold or otherwise disposed of".
A chief executive of M/S Chic Textiles Township Lahore Akmal Raza has invoked the apex court's jurisdiction under Article 184 (3) of the Constitution seeking disposal of seized machinery and strict action against Green Town Lahore Police over tangible negligence.
Filing the constitutional petition, Raza contended that the textile business (with machinery costing Rs 340 million) was 100 percent export oriented business and during the course of his business he became privy to information that there was a bid to smuggle cannabis out of Pakistan - information that he shared with Customs officials.
Based on his information, the petitioner added, Customs officials intercepted more than 30,000 kilograms of cannabis - two consignments (6585 kilograms and 3868 kilograms) from Pakistan, 6500 kilograms from Netherlands, and 13004 kilograms from Mexico.
Raza was a witness for the prosecution in the case and subsequently he was approached by international drug smugglers who demanded US $50,000 as compensation warning him of dire consequences if he did not pay up. The petitioner alleged that upon his refusal to pay the amount, the international smugglers manipulated the affairs in such a manner that not only did his entire textile business come to a grinding halt but the entire equipment and machinery was also taken over by police from factory premises.
Appearing before a two-judge bench of Justice Ejaz Afzal Khan and Justice Qazi Faiz Isa in the matter, Superintendent Police Saddar Lahore Faisal Mukhtar assured the court that he will resolve the issue in accordance with the law. Granting time till March 15, Justice Ejaz Afzal Khan asked him to give custody of the machinery to Raza otherwise the then Inspector General Police would be summoned to face the consequences of the case.
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