# Get it back. It is called superdari.

> The police must report a seizure to a Magistrate, who can hand the property to the person entitled, on conditions, while the case goes on.

- Topic: Criminal law
- For: Citizens
- A 11-slide carousel: https://failegal.site/media/get-it-back-it-is-called-superdari
- Published by FAI Legal on 2026-10-10

## Myth or fact?

What people are told at the thana.

- **Myth: Once police take it, it stays with them till the case ends.**
- **Fact: The seizure must be reported forthwith to a Magistrate, who can give it to the person entitled (CrPC s.523(1)).**

## The rule in the Code.

Section 523(1), CrPC.

> "The seizure by any police officer of property … alleged or suspected to have been stolen, or found under circumstances which create suspicion of the commission of any offence shall be forthwith reported to a Magistrate who shall make such order as he thinks fit respecting the disposal of such property or the delivery of such property to the person entitled to the possession thereof" (Code of Criminal Procedure, 1898 · Section 523(1))

## Three stages. Three sections.

Where your property is decides who to ask.

- **Seized by police** Apply to the Magistrate (s.523).
- **Case in court** The court orders custody pending the trial (s.516-A).
- **Trial over** The court orders delivery to the person entitled (s.517(1)).

## Quick quiz. Stolen bike found.

Guess first, then swipe for the answer.

- **A. No, only after the trial**
- **B. Yes, on conditions the court sets**
- **C. Only if you pay the police**

## Answer: B. On conditions.

The Magistrate may deliver it on such conditions as he thinks fit (s.523(2)).

> "When any property regarding which any offence appears to have been committed … is produced before any Criminal Court during any 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" (Code of Criminal Procedure, 1898 · Section 516-A)

## Bring your papers.

Superdari goes to the person entitled.

- **No papers, no car** Superdari was refused where the claimant failed to produce valid ownership documents (2017 PCrLJ 1619, Sindh HC).
- **Owner on record** The recorded owner applied under s.523 and got the vehicle (same case).

## Myth or fact?

When the thana just keeps it.

- **Myth: Police can keep a vehicle as long as they like.**
- **Fact: A vehicle neither stolen nor in a criminal case could not be kept for an indefinite period; superdari was given (2012 MLD 322, Peshawar HC).**

## Nobody claims it?

Sections 523(2) and 524.

- **Proclamation** Owner unknown: the Magistrate calls claimants to prove their claim within 6 months (s.523(2)).
- **Unclaimed** Then it is at the disposal of the Provincial Government and may be sold (s.524(1)).
- **Appeal** An appeal lies against that order (s.524(2)).

## Find the right application.

Ask FAI in your own words. It answers with the exact section and the judgments behind it.

- **Police took my car in a case against my brother. How do I get it on superdari?**
- **Draft a superdari application under section 516-A CrPC.**

## What this does not mean

- Superdari does not go to anyone who asks. It goes to the person entitled, and it was refused where the claimant had no valid ownership documents (2017 PCrLJ 1619).
- Delivery can come with conditions the court sets. It is an order for custody while the case goes on, not the end of the case.
- Which section applies depends on the stage: s.523 when police have seized it, s.516-A when the case is in court, and s.517(1) after the trial.

## Questions people ask

### What is superdari in Pakistan?

It is getting seized property back on conditions while the case goes on. Police must report a seizure forthwith to a Magistrate, who can deliver it to the person entitled (CrPC s.523(1)).

### How do I get my car back from police on superdari?

If police have seized it, apply to the Magistrate under s.523. If the case is in court, the court orders custody pending the trial under s.516-A. Bring valid ownership documents.

### Can police keep my vehicle until the case ends?

Not indefinitely. In 2012 MLD 322 the Peshawar High Court said a vehicle neither stolen nor in a criminal case could not be kept for an indefinite period, and superdari was given.

### What happens to seized property nobody claims?

If the owner is unknown, the Magistrate calls claimants to prove their claim within 6 months (s.523(2)). If unclaimed, it is at the disposal of the Provincial Government and may be sold, and an appeal lies against that order (s.524).

### Who gets the property after the trial?

The court orders delivery to the person entitled (s.517(1)).

## Sources

- Code of Criminal Procedure, 1898 · Section 523(1): Procedure by police upon seizure of property
- Code of Criminal Procedure, 1898 · Section 516-A: Custody of property pending trial

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Educational legal information, not legal advice. Every case turns on its own facts. Speak to a qualified lawyer about your situation. Review status: Pending advocate review.

FAI Media is part of FAI Legal (https://failegal.site), research on Pakistani statutes and judgments. Free to watch and read.
