Superdari or interim disposal of property.
Word “superdari” has not been used in the statutes governing our country’s criminal administration of justice. However, it in its practical prospect may be defined as the interim custody of seized property connected with as offence, or suspected to have been stolen or found under circumstances which create suspicion of any offence,
The word which has been used in Criminal Procedural law to cater for the concept of superdari is “Interim disposal”. Disposal of any seized property under the provision of Cr.P.C. may be either interim or final. Interim disposal is grant of custody of a seized property pending the conclusion of an investigation or inquiry or trial whichever the case may. Whereas final disposal is ordered after the investigation, inquiry or trial is over. In fact, the interim disposal of a seized property has been named and called by our Courts as superdari which, of course, is the subject under discussion today. Superdari continues till the seized property is finally disposed of under Section 517 or 523 Cr.P.C.
What Is the Purpose of Superdari:-
Purpose of Superdari is the protection of property.
Essential conditions
- There must have been an investigation or inquiry or trial.
- The property in respect of which the order is to be made must be one:
- Regarding which any offense appears to have been committed,
- which has been used for commission of any offence,
- It is alleged or suspected to be stolen or when it is found in circumstances which gives rise to a suspicion that an offence has been or is about to be committed.
- It has been taken into custody.
- It is produced in the Court. (The expression “ produced” has a liberal interpretation.
- The properties spoken of may be such as may be produced in a Court and this undoubtedly shows that the property means movable property only. The Court may order for temporary custody of the property even without its physical production before it, on satisfaction that the same has been seized.
- Its seizure is reported to the Magistrate.
- After seizure of the property by police an order for its superdari (interim disposal) can only be passed by the Court .
Points to be kept in mind in superdari.
- Interim custody/superdari be given to the person entitled to its possession.
- Question of title is not to be decided. The principle of best right to possess is to be followed.
- The order for interim custody is not to be deferred for a long period.
- The order for interim custody be passed on the basis of available evidence.
- The discretion in this regard should judicially be exercised.
- The question of entitlement to possess must be decided by the Court/Magistrate and it should not be left for police or other authority which had seized the property.
- A bond in the sum ordinarily equal to the value of the property being given on superdari with or without surety should be obtained.
