2002 PLP 933 (YLR)

Muhammad Qasim Khan, A.A.‑G for the State. Date of hearing: 20th November, 2000. Brief facts of this case are that Truck No.AE‑0029 loading from Hamid Pur Minora, Tehsil and District Multan was caught hold by the Police Officials of Police Station Muzaffarabad. It was taken into custody under section 550, Cr.P.C. The petitioner Hazoor Bakhsh applied for Superdari before the learned Illaqa Magistrate, Muzaffarabad Tehsil and District Multan on 25‑1‑2000. The police gave report that there are two claimants of truck ownership. During interrogation period Writ Petition No.3052 of 2000 was filed before this Court. The same stands disposed of with the direction that the learned Illaqa Magistrate shall dispose of the aforesaid application filed by the petitioner till 27‑3‑2000. The learned Illaqa Magistrate observed that truck in question is a disputed property Engine and chassis number is not still proved from Forensic Science Laboratory and it is doubtful. Both the parties were directed to move to the learned Civil Court and file the application. Being aggrieved from this order Hazoor Bakhsh filed criminal revision before the learned Additional District and Sessions Judge, Multan and order of the learned MIC, Multan was confirmed. Now the instant petition. The learned has produced agreement of the truck in question. He has also placed certificate of registration where registered of the truck is AE‑0029 Bed Ford Name of the owner is Abdul Majeed of Pir Bakhsh and this Abdul Majeed has hold this truck to the present petitioner. This Truck No. AE‑0029 stand registered and transfer ownership is allowed to Hazoor Bakhsh.

3. The learned A.A‑G. submits still number of Chassis has not been out by the police.

4. As far as question of ownership the truck is concerned, the stance taken by the police is not that it is a stolen property or there is some excise matter existing against said truck. If ownership is disputed or some amount subject to sale is, outstanding the parties may agitate before the proper forum.

5. A man who has placed papers for purchase of the truck and all the relevant papers, of registration, should not be deprived from Superdari of the vehicle and it should not be allowed to be ruined and destroyed whole being kept in police premises, therefore, the order of the learned Trial Court dated 19‑9‑2000 and that of the learned Appellate Court dated 28‑9‑2000 are set aside.

6. Petitioner is directed to move again for Superdari of the disputed truck to Illaqa Magistrate and place all relevant papers of ownership before him who after being satisfied may give the vehicle on Superdari after taking and undertaking from the petitioner that he will produce the same when and where required. He is further directed to decide the same within three weeks from today.

7. The instant criminal miscellaneous stands disposed of with above observation. H.B.T./H‑102/L Order accordingly.