Application for Release of Stolen or Seized Vehicle from Police Custody
Updated application, affidavit and practical guide for seeking interim release of a recovered or seized vehicle from police or court custody under the Bharatiya Nagarik Suraksha Sanhita, 2023, commonly referred to in practice as release on superdari or interim custody.
Current law: Sections 497 and 503 of BNSS
Section 497 introduces a more structured statutory approach to seized property. It contemplates preparation of a statement describing the property, photographs and, where necessary, videography, and then an order concerning disposal, destruction, confiscation or delivery within the statutory framework.
How release of a recovered stolen vehicle generally works
After a stolen vehicle is recovered, the investigating agency records the seizure and reports or produces the property before the competent criminal court as required by law. The registered owner or other person claiming lawful entitlement may apply for interim custody.
The court may verify ownership or entitlement, the FIR and seizure particulars, the investigating officer's position, and whether continued physical retention of the vehicle is necessary. If interim release is considered appropriate, the court may impose conditions designed to preserve the vehicle as evidence and secure its production whenever required.
The release order does not necessarily determine final title to the vehicle. It ordinarily concerns interim custody pending further investigation, inquiry or trial.
Documents commonly filed with a vehicle release application
- copy of the Registration Certificate (RC) or other proof of ownership or lawful entitlement;
- copy of FIR, complaint or relevant police report, if available;
- copy/details of seizure memo, recovery memo or property particulars;
- identity and address proof of the applicant, where required;
- insurance policy and other vehicle documents, where relevant;
- authorization or power of attorney where the registered owner is represented by another person;
- supporting affidavit or undertaking, if required by local court practice;
- bond/superdarinama and surety documents if directed by the court;
- any document explaining hypothecation, finance, succession or competing ownership claims, where applicable.
Court fee, bond amount, surety requirements and filing procedure vary by State and court establishment. They should not be stated as a universal fixed amount.
Sample Vehicle Release / Superdari Application under BNSS
This format is designed for a registered owner seeking release of a recovered stolen vehicle. Adapt the court name, applicable BNSS provision, FIR number, offence provisions and facts to the case.
IN THE COURT OF THE JUDICIAL / METROPOLITAN MAGISTRATE AT __________
CASE / FIR NO. ______ OF 20__
IN THE MATTER OF:
VERSUS
FIR No.: __________ Date: __________
Police Station: __________
Offence(s): Section(s) __________ of the Bharatiya Nyaya Sanhita, 2023 / other applicable law
APPLICATION UNDER SECTION 497 READ WITH OTHER APPLICABLE PROVISIONS OF THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 FOR INTERIM RELEASE OF VEHICLE ON SUPERDARI / CUSTODY
MOST RESPECTFULLY SHOWETH:
1. The Applicant is the registered owner / person lawfully entitled to possession of Vehicle Registration No. __________, Make/Model __________, Engine No. __________ and Chassis No. __________.
2. The aforesaid vehicle was reported stolen / missing on __________ from ______________________________. The matter was reported to Police Station __________ and FIR No. __________ dated __________ was registered.
3. The Applicant has been informed that the vehicle has been recovered / seized by the investigating agency on __________ and is presently lying in the custody of Police Station __________ / under the custody of this Hon'ble Court.
4. The Applicant has identified the vehicle and relies upon the Registration Certificate and other documents annexed with this application to establish lawful entitlement to interim custody.
5. Continued retention of the vehicle in an open police station / malkhana / storage area may expose it to deterioration, weather, theft of parts, battery failure, tyre damage and loss of value without serving any useful purpose once the evidentiary particulars have been properly recorded.
6. The Applicant undertakes not to sell, transfer, create any third-party interest in, materially alter, conceal or dispose of the vehicle without permission of the Court, if such a condition is imposed.
7. The Applicant further undertakes to produce the vehicle before the Court or investigating agency whenever lawfully directed and to comply with all conditions imposed for interim custody.
8. The Applicant is ready and willing to execute the necessary bond, superdarinama, undertaking and/or security as may be directed by this Hon'ble Court.
9. The Applicant therefore submits that release of the vehicle on interim custody would protect the property from deterioration while preserving its availability for investigation and trial.
PRAYER
In the above facts and circumstances, it is most respectfully prayed that this Hon'ble Court may be pleased to:
(a) release Vehicle Registration No. __________, Make/Model __________, Engine No. __________ and Chassis No. __________ to the Applicant on interim custody / superdari upon such bond, undertaking or security as this Hon'ble Court considers appropriate;
(b) permit the investigating agency to complete photographs, videography, identification, panchnama/seizure documentation or other evidentiary formalities required by law before physical delivery, if not already completed; and
(c) pass such further order(s) as may be deemed just and proper.
AND FOR THIS ACT OF KINDNESS THE APPLICANT AS IN DUTY BOUND SHALL EVER PRAY.
PLACE: __________
DATE: __________
APPLICANT
Through Counsel, if represented
____________________________
Affidavit Supporting Vehicle Release Application
IN THE COURT OF THE JUDICIAL / METROPOLITAN MAGISTRATE AT __________
CASE / FIR NO. ______ OF 20__
AFFIDAVIT
I, __________________________, aged about ____ years, son/daughter/wife of __________________________, resident of __________________________, do hereby solemnly affirm and state as follows:
1. I am the Applicant in the accompanying vehicle release application and am competent to swear this affidavit.
2. I am the registered owner / person lawfully entitled to possession of Vehicle Registration No. __________, Make/Model __________, Engine No. __________ and Chassis No. __________.
3. The vehicle was reported stolen / missing on __________ and FIR No. __________ dated __________ was registered at Police Station __________.
4. The vehicle has since been recovered / seized and is presently in police / court custody.
5. I undertake to preserve the identity and condition of the vehicle, subject to ordinary use and maintenance, and not to alienate or create third-party rights in it contrary to any condition imposed by the Court.
6. I undertake to produce the vehicle before the Court or investigating agency whenever directed.
7. I shall comply with the bond, security, superdari or other conditions imposed by the Court for release of the vehicle.
DEPONENT
VERIFICATION
Verified at __________ on this ____ day of __________ 20__ that the contents of paragraphs 1 to 7 above are true and correct to my knowledge and belief and that nothing material has been concealed.
DEPONENT
Common conditions imposed while releasing a vehicle
Depending on the facts and local practice, the court may direct the applicant to execute a bond or superdarinama, furnish security, preserve the identifying features of the vehicle, avoid sale or transfer without permission, produce it whenever required, and permit photography or videography before release.
There is no single nationwide fixed "superdari fee" or universal bond amount. Any court fee, bond amount or surety requirement must be checked under the applicable State rules and the particular court's order.
Older cases under Sections 451 and 457 CrPC
The Bharatiya Nagarik Suraksha Sanhita came into force on 1 July 2024 and repealed the Code of Criminal Procedure, 1973. However, Section 531 BNSS contains a savings clause. If an investigation, application, inquiry, trial or appeal was already pending immediately before commencement, it may continue under the CrPC as if the BNSS had not come into force.
Accordingly, an older pending case may still refer to Section 451 CrPC for custody/disposal of property pending trial and Section 457 CrPC for procedure following police seizure. The correct provision should be selected according to the commencement and status of the underlying proceeding.
Supreme Court approach to seized vehicles
The Supreme Court has reiterated that keeping seized vehicles at police stations for long periods serves little purpose and can lead to deterioration. In appropriate cases, the Magistrate should consider interim custody subject to safeguards such as preparation of a proper record, photographs, security and an undertaking to produce the vehicle when required.
Official legal sources
Frequently asked questions
Can a stolen vehicle be released before the criminal trial finishes?
Yes. Interim custody may be granted by the competent criminal court subject to proof of entitlement and suitable safeguards. The release does not necessarily decide final title.
Which provision should a new application mention after 1 July 2024?
For a proceeding governed by BNSS, Section 497 is the principal provision for custody and disposal of property pending trial, with Section 503 relevant to police seizure procedure. The facts and procedural stage should be checked before drafting.
Is an affidavit always mandatory?
Local filing practice varies. Many courts require or accept a supporting affidavit or undertaking, but the precise filing requirement should be checked with the competent court.
Must the applicant pay a fixed superdari fee?
No universal nationwide fixed fee can be stated. Court fee, bond amount and security requirements depend on the State, the court and the order passed in the individual case.
Can the vehicle be sold after it is released?
The release order may prohibit sale, transfer or creation of third-party rights without permission. The applicant must comply strictly with the conditions imposed by the court.