2009 P Cr (PLP)
MUHAMMAD ZUBAIR IQBAL — Petitioner Versus THE STATE and 3 others — Respondents
| Citation | 2009 P Cr (PLP) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | MUHAMMAD ZUBAIR IQBAL — Petitioner Versus THE STATE and 3 others — Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2009 P Cr (PLP)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2009 P Cr (PLP)?
The case was heard and decided by the Lahore bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2009 P Cr (PLP) (MUHAMMAD ZUBAIR IQBAL — Petitioner Versus THE STATE and 3 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Syed Tayyab Mehmood Jaffari for Petitioner.
Headnotes / Summary
S. 550
Constitution of Pakistan (1973), Art.199
Constitutional petition
Submission of the surety bond equal to the price of seized gold
Gold belonging to the petitioner was taken into possession under S.550, Cr.P.C. for which the petitioner being the genuine and bona fide owner of the gold, applied for Superdari
Same was allowed subject to the submission of the surety bond equivalent to the price of the gold
Petitioner had challenged order to the extent of condition of submission of surety bond equivalent to the price of the gold
No criminal case stood registered nor there was any rival claimant of. the gold
Petitioner was the genuine and bona fide owner of the gold
Condition of the submission of surety bond was not justified in circumstances
Taking the gold into custody appeared to be highhandedness on the part of the police and a sheer abuse of authority
Impugned orders of the Courts below were set aside to the extent of submission of the surety bond equivalent to the price of the gold
Gold taken into custody by the police under S.550, Cr.P.C. was ordered to be handed over to the petitioner.
Judgment & Decree
IQBAL HAMEEDUR RAHMAN, J.
Through the instant writ petition the petitioner seeks setting aside of the impugned order, dated 22-5-2009 and 26-5-2009 passed by the Courts below to the extent of the condition of submission of surety bond equivalent to the price of the gold.
2. It is stated that there was no justification for ordering submission of the surety bond equivalent to the price of the gold in the absence of no rival claimant and no registration of case. It has been proved that the gold belongs to the petitioner, .the same was taken into possession under section 550, Cr.P.C. for which the petitioner being the genuine and bona fide owner of the gold applied for Superdari wherein the same had been allowed subject to the submission of the surety bond equivalent to the price of the gold. It is further stated that in the circumstances, the petitioner was entitled to the Superdari of the gold without submission of any surety bond:
3. Admittedly no criminal case stands registered nor, there is any rival 'claimant of the gold. The petitioner is the genuine and bona fide owner of the gold. In view of the same, the condition of submission of surety bond is not justified. Taking the gold into custody appears to be highhandedness on the part of the police and is a sheer abuse of authority. In the above circumstances, relying upon the case of Muhammad Arif v. S'.H.O. City Police Depalpur and 5 others PLD 1994 Lah. 52 wherein it has been held that "powers of police to seize property suspected to be stolen
Illegal practice developed regarding the use of powers of police to seize property suspected to be stolen has to be severely dealt with, if not by the higher police officers or the subordinate Courts, by the High Court in its inherent jurisdiction under Criminal Procedure Code and the Constitution", this writ petition is accepted and the impugned orders of the Courts below are set aside to the extent of submission of the surety bond equivalent to the price of the gold. In view of the same the gold taken into custody by the police under section 550, Cr.P.C. be handed over to the petitioner forthwith. Since the action of the police is clearly mala fide, illegal and unconstitutional, the same must be censured and the Police Officers concerned "must be dealt with severely regarding the misuse of the provisions of section 550, Cr.P.C. Copy Dasti on payment of usual charges. Learned A.A.-G. is directed to send a copy of this order to the Inspector-General of Police, Punjab, and the Chief Secretary to the Government of the Punjab for issuing strict instructions to the subordinate Police Officers to understand the provisions of sections 550 and 523, Cr.P.C. properly and to apply the same strictly. H.B.T./M-432/L Petitioner allowed.