ਆਪਣੀ ਜਾਣਕਾਰੀ ਭਰੋ

IN THE COURT OF __________

APPLICATION FOR RELEASE OF SEIZED PROPERTY ON SUPERDARI (INTERIM CUSTODY)

In the matter of: __________

__________, __________, aged __________, of __________ ... APPLICANT

VERSUS

The Officer in Charge, Police Station __________ ... RESPONDENT

MOST RESPECTFULLY SHOWETH:

1. 1. The Property. The Applicant is __________ of __________ (the Property). Ownership is shown by __________.

1. 2. The seizure. The police seized the Property on __________ in connection with __________. __________ The Property is now at __________.

1. 3. The Applicant. __________

1. 4. Why release is sought. __________ The Applicant submits that the Property can be photographed, inspected and its particulars recorded, and that the Applicant can be directed to produce it whenever the Court requires, so that its release does not prejudice the investigation or the trial.

1. 5. Undertaking. If the Property is released to the Applicant on superdari, the Applicant undertakes (a) not to sell, transfer, mortgage, alter or part with the Property, (b) to produce it before the Court or the police whenever called upon, (c) to keep it in the same condition, and (d) to furnish the bond and surety that the Court directs.

1. 6. Earlier applications. __________

1. 7. Affidavit and enclosures. This application is supported by the Applicant's affidavit, which follows it. Enclosed: __________.

PRAYER

It is therefore most respectfully prayed that this Hon'ble Court may be pleased to:

(a) release the Property to the Applicant on superdari, on such bond and surety as the Court directs;

(b) direct that the Property be photographed and an inventory of it prepared before it is released; and

(c) pass any other order that the Court considers just.

APPLICANT

Place: __________

Date: __________

AFFIDAVIT IN SUPPORT OF THE APPLICATION

I, __________, __________, aged __________, of __________, the Applicant, solemnly affirm and state on oath as follows:

1. 1. That I am the Applicant and am acquainted with the facts of the case.

1. 2. That the contents of paragraphs 1 to 6 of the application are true to my own knowledge, except where I have said that I was told something, and that I have concealed nothing material.

1. 3. That I will not sell, transfer, mortgage, alter or part with the Property, and will produce it whenever the Court or the police require.

DEPONENT

VERIFICATION

Verified at __________ on __________ that the contents of this affidavit are true and correct to my knowledge, that no part of it is false and that nothing material has been concealed.

DEPONENT

LEGAL BASIS

Punjab: Property seized by the police in connection with a case can be handed over for safe keeping to the person entitled to it, on a bond to produce it when required (superdari), by order of the Magistrate or the court dealing with the case. The court decides after hearing the police and weighs the Applicant's right to the Property, the need to keep it for the investigation or trial, and the risk of damage in custody. The provision of the Bharatiya Nagarik Suraksha Sanhita, 2023 that governs this has not been confirmed, so no section is cited here.

Chandigarh: The Bharatiya Nagarik Suraksha Sanhita, 2023 is central law and applies in the Union Territory in the same terms from 1 July 2024. The application goes to the court at Chandigarh dealing with the case or the seizure, and is decided in the same way.

PERSONAL DATA NOTICE

This notice is given under the Digital Personal Data Protection Act, 2023.

The purpose of collecting the personal data in this document is to identify the applicant and the seized property, and to put before the court the Applicant's right to the property and the reasons for release, so that the court can decide the application.

The record will be held by __________ and may be shared with the applicant, the court and its staff, the police station and the investigating officer, the surety if one is required, and the applicant's advocate.

If the matter does not proceed, the personal data will be retained for 90 days and then erased. If the matter proceeds, the record will be retained for the transaction or authority matter plus 12 months, except where a statute requires a longer named retention period.

A person named in this document may request correction or erasure where the purpose has ended, withdraw consent for future consent-based processing, or raise a grievance by writing to __________. The record-holder should acknowledge and reply within 30 days.

Data minimisation: this document does not collect a full Aadhaar number, an Aadhaar-card copy, a password or bank credentials.

Personal-data instruction: __________.

SIGNATURE

 
 
______________________________
Signature
Applicant: __________
Place: ____________________
Date: ____________________