2001 PLP 670 (MLD)
ABDUL GHAFOOR‑‑‑Petitioner Versus S.H.O., POLICE STATION FATEHPUR, DISTRICT LAYYAH
| Citation | 2001 PLP 670 (MLD) |
| Forum / Court | Lahore |
| Bench Members | Muhammad Nasim Chaudhri, J |
| Parties | ABDUL GHAFOOR‑‑‑Petitioner Versus S.H.O., POLICE STATION FATEHPUR, DISTRICT LAYYAH |
| Primary Law | Criminal Procedure Code (V of 1898)‑‑‑‑ |
Q1: What are the key laws and sections cited in 2001 PLP 670 (MLD)?
This judgment primarily cites: Criminal Procedure Code (V of 1898)‑‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2001 PLP 670 (MLD)?
The case was heard and decided by the Lahore bench comprising: Muhammad Nasim Chaudhri, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2001 PLP 670 (MLD) (ABDUL GHAFOOR‑‑‑Petitioner Versus S.H.O., POLICE STATION FATEHPUR, DISTRICT LAYYAH). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Abdul Nazir Khan Niazi for Petitioner.
- Tahir Haider Wasti, Asstt.‑A.G. for Respondent No. l
- Date of hearing: 8th March, 2000
Headnotes / Summary
‑‑‑‑S. 550‑‑‑Constitution of' Pakistan (1973), Art. 199‑‑‑Constitutional petition‑‑‑Police had taken into possession the car in dispute under S.550, Cr.P.C.‑‑‑Authority under S. 550, Cr.P.C. could be exercised by the police by seizing any property alleged or suspected to have been stolen or which might be found under circumstances creating suspicion of the commission of any offence‑‑‑Dispute about the car in question revolved around its ownership and it could not be taken into possession under S. 550, Cr.P.C.‑‑ Police had coined a device to settle the dispute of civil nature of the instant category by projecting its authority‑‑‑Contesting parties could get determined their ownership of the car from the competent Court‑‑‑Police had no jurisdiction to decide such dispute and was directed to return the car to the petitioner‑‑‑Constitutional petition was disposed of accordingly. Noor Mustafa for Abdul Majid.
Judgment & Decree
Tahir Haider Wasti, Asstt.‑A.G. for Respondent No. l Noor Mustafa for Abdul Majid. Date of hearing: 8th March, 2000 The grievance of Abdul Phafoor petitioner is that he is the owner of Motor Car No. LHD‑6418 Toyota Corolla Model 1976 which has been taken into possession by the S.H.O. Police Station Fatehpur, District Layyah and Malik Sher Ali, A.S.I., Police Station Mankera, District Bhakkar. He prayed for the return of the aforesaid Car alongwith the Registration Book.
2. During the processing of this matter Abdul Majid made the application to be impleaded as a party. His contention is that he made sale of the aforesaid Car No. LHD‑6418 to Manzoor Al‑Maruf Kaka on instalments who did not pay the same and disappeared.
3. The stand of the police is that the Car was taken into possession under section 550 of the Code of Criminal Procedure.
4. I have heard the learned counsel for the parties as well as learned Assistant Advocate‑General.
5. There is no need to discuss the deeper merit of the case. The authority under section 550 of the Code of Criminal Procedure can be exercised by the police by seizing any property which may be alleged or suspected to have been stolen or which may be found under circumstances which create suspicion of the commission of any offence. Without prejudice it can be expressed that the dispute revolves around the ownership of Car No.1HD 6418. The same could not be taken into possession under I section 550 of the Code of Criminal Procedure. The police has coined a device to settle the dispute of civil nature of the instant category by projecting its authority. The contesting parties can get determined their ownership from the competent Court. The police has no jurisdiction to decide, the dispute about the ownership of the Car.
6. Consequently, I accept this application and pass the order that the Car alongwith the Registration Book shall be returned to Abdul Ghafoor. Altaf Hussain, S.I./S.H,O., Police Station, Mankera, District Bhakkar has handed over the key of the Car and the Registration Book to Abdul Ghafoor petitioner who is satisfied. He has gone out, checked the Car and has arrived back.
7. This writ petition stands disposed of in the aforesaid terms. N.H.Q./A‑175/L Petition accepted.