Affidavit Format to Release Stolen Vehicle from Police Custody
Why is this affidavit used?
This affidavit is submitted to the Chief Metropolitan Magistrate (CMM) or competent Magistrate when the registered owner of a seized/recovered vehicle seeks temporary release on superdari (custody) while a criminal case is ongoing.
Under BNSS 2023, Section 106, police can seize vehicles involved in theft, accidents, or offences. Once the vehicle is no longer required for investigation, the lawful owner can request its release on execution of a bond.
When is it used?
- Vehicle stolen → police recover it → kept in police custody → owner wants it back before trial ends.
- Vehicle involved in an accident → seized for investigation → later not required.
- Vehicle allegedly used in an offence (rash driving, smuggling, transporting contraband).
- Vehicle lying unclaimed or abandoned → rightful owner appears.
- Vehicle recovered from the accused or third party → not needed for further inquiry.
Purpose of this affidavit
- Request the court to release the vehicle on superdari (temporary custody).
- Ensure the vehicle does not deteriorate while in police custody.
- Balance investigation needs and the owner's property rights.
- Enable lawful use of the vehicle for daily purposes.
- Confirm the owner's willingness to produce the vehicle whenever required by court/police.
Important points
- Proof of ownership: RC, insurance, and ID proof must be attached.
- Bond/undertaking: Owner executes a bond ensuring production of vehicle on demand.
- Photographs/panchanama: The Court usually orders detailed documentation of the vehicle before release.
- Temporary custody: Superdari is interim; final disposal under BNSS Section 497, 2023.
- False claims: Perjury under BNSS Sections 228 & 229 is punishable.
- Court discretion: Release granted only if the vehicle is not required for investigation or evidence.
FAQs
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Q1. What is "superdari"?
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Temporary custody of property during trial; the owner produces it when the court/police requires it.
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Q2. Who can apply?
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Registered owner or lawful possessor (finance company, lessee).
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Q3. Can a stolen vehicle be released to the accused?
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No. Only to the lawful owner.
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Q4. Can all seized vehicles be released?
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Not if confiscation is mandated under other laws (NDPS Act, Customs Act, etc.).
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Q5. Is release permanent ownership?
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No. Ownership stays the same; custody is temporary until final court orders.
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Q6. Can the vehicle be used after release?
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Yes, but it cannot be sold, transferred, or materially altered until the case concludes.
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Q7. What if the vehicle is not produced when required?
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Bond is forfeited; may attract contempt proceedings or penalties.
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Q8. Can police release the vehicle directly?
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No. Only the Magistrate's Court can order release on superdari.
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Q9. Is there a time limit to apply?
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No strict limit, but advisable as soon as the vehicle is no longer needed for investigation.
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Q10. Are vehicles released automatically?
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No. Court ensures vehicle is safe, lawful owner is verified, and investigation is not hampered.
(This is only a sample format for understanding.) Details will vary from case to case.
IN THE COURT OF THE CHIEF METROPOLITAN MAGISTRATE AT __________
CASE NO. _________ OF 20__
IN THE MATTER OF:
STATE
…………COMPLAINANT
VERSUS
A____
…………..ACCUSED
AFFIDAVIT
I, Mr./Ms. __________________, aged about ______ years, by occupation __________, residing at __________________, the applicant herein, do hereby solemnly affirm and state as follows:
- That I am the lawful owner of the motor vehicle bearing Registration No. __________.
- That on ________, the said vehicle was stolen, and an FIR No. ______ dated ______ was registered at Police Station __________.
- That subsequently, the aforesaid vehicle was recovered by the police from the accused and is presently lying in police custody.
- That I have been informed by the Investigating Officer that the said vehicle is no longer necessary for the purposes of further investigation.
- That I, therefore, request that the said vehicle be released to me on execution of an appropriate bond/undertaking, as I require it for my day-to-day use.
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Signed at __________ on this ______ day of ________, 20.
DEPONENT
VERIFICATION
I, __________________, the above-named deponent, do hereby verify that the contents of this affidavit are true and correct to my personal knowledge and that no part of it is false and nothing material has been concealed.
Verified at __________ on this ______ day of ________, 20.DEPONENT
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