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Is Your Vehicle Rusting Away in a Police Station?
Many people don’t know what to do when their vehicle, RC, licence, mobile phone or other personal items are seized by the police during an FIR or investigation. These essential articles are stored in the Maalkhana (police storage room), where they remain unused for months or even years—getting damaged, rusted, or even lost.
This is not only inconvenient but also a burden, especially if you rely on your vehicle or phone for daily use. If you’re tired of requesting the police to return your belongings and getting no proper response, it’s time to understand your legal remedy – the Superdari process.
What is Superdari?
In legal terms, Superdari refers to the temporary release of seized property to its rightful owner by order of the court, pending the final outcome of the case. It allows the owner to retain possession of the property while agreeing to certain conditions imposed by the court.
This process is governed by Section 451 and 457 of the Code of Criminal Procedure (CrPC), 1973.
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Section 451 CrPC: Empowers the court to make orders regarding the custody and disposal of property pending trial.
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Section 457 CrPC: Applies when the seizure is reported to a magistrate and no case is yet pending.
When Can You File a Superdari Application?
You can file a Superdari application in the following cases:
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Your vehicle has been seized in connection with an FIR (accident, theft, crime, etc.).
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Your mobile phone or electronic device is taken for investigation.
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Your RC, licence, or personal documents are in police custody.
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Any movable property is lying in the police maalkhana.
Even if you are not the accused but the rightful owner, you are entitled to file this application.
Step-by-Step Process to File a Superdari Application
Let’s break down the process into simple steps:
1. Draft and File a Superdari Application
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Your advocate prepares a written application addressed to the concerned Magistrate Court explaining:
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Details of the seized item
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Reason for seizure
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Ownership proof
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Request for interim custody
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2. Attach Supporting Documents
Common documents include:
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Ownership proof (RC, invoice, insurance papers, etc.)
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Government-issued ID (Aadhaar, Voter ID, Passport)
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FIR copy (if available)
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Vakalatnama of your advocate
3. Court Hearing
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The magistrate will conduct a hearing.
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Police may file a reply/report (FSL or IO report) regarding the property.
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Based on arguments and records, the court will allow or reject the application.
4. Court’s Conditional Order
If your application is allowed, the court may impose certain conditions, such as:
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You cannot sell, transfer, or modify the vehicle.
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You must not take the vehicle out of the state without permission.
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You must execute a Superdari Bond (an undertaking ensuring you will produce the item if needed during trial).
5. Release Order
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Once the conditions are met, the court passes a written release order.
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You present the order at the police station, and your vehicle or article is handed over from maalkhana.
What is a Superdari Bond?
A Superdari Bond is an undertaking (usually on stamp paper) that you will:
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Not sell or dispose of the article during the pendency of the case.
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Produce it before the court or police whenever called.
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Take full responsibility for the item.
The bond amount is decided by the court depending on the value of the item.
Legal Basis of Superdari
Here’s a quick legal snapshot:
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Section 451 CrPC – Interim custody of property pending inquiry or trial.
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Section 457 CrPC – For property seized by police when no case is pending in court.
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Case Laws:
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Sunderbhai Ambalal Desai vs State of Gujarat – The Supreme Court emphasized that courts should release vehicles quickly to avoid unnecessary damage.
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Important Tips
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Don’t delay: The longer your article remains in the maalkhana, the more damage it may suffer.
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Always use an advocate to draft the application professionally.
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Never modify the article once it is released on Superdari unless the court permits.
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Keep a copy of the court order and Superdari bond safe for future reference.
