2011 PLP 1609 (YLR)

SYED MAHMOOD ALAM RIZVI, J.

The S.H.O. of Police Station Ratodero files statement with affidavit in details of the inquiry under Article 134 of the Police Order, 2002 and DPO Larkana files statement along with affidavit of DSP, which are taken on record. This matter was called earlier and argued at length and thereafter, both the parties were directed to exchange the views and go through the inquiry conducted under Article 134 of the Police Order, 2002 as the claim of the applicant was 16 cattles, one motorcycle and other articles. Per the statement of DPO Larkana respondent No.3 that one Ghulam Haider son of Loung Khan Kakepoto has obtained one buffalo out of 16 on his application after proper verification. Case was kept aside, meanwhile the proceedings regarding the delivery of one buffalo to said Ghulam Haider has been received, and on the face of it, it is shocking that said Ghulam Haider is A.S.-I. and he himself appeared and claimed the buffalo after inquiry conducted under Article 135 of the Police Order, 2002 through S.H.O. Police Station Ratodero as allegedly there were no other claimant of seized buffalo except the above A.S.-I. Ghulam Haider therefore, same was delivered to him. After recording the statement of some of the people in his defence, it is admitted that no other claimant other than applicant of the above mentioned buffaloes as he claimed that 7 buffaloes were of the petitioner and 9 of his nephew Shah Muhammad and the motorcycle also belong to Shah Muhammad and he has further claimed that at the time of seizure of the above buffaloes by the respondent No.1, the nephews namely Badal, Abid Hussain, Khadim Hussain, Gulzar and Nisar were arrested and subsequently locked up under section 109, P.P.C. which is also found correct per police inquiry. The applicant approached the learned Judicial Magistrate and filed application on 28-7-2008 and the learned Judicial Magistrate called report from respondent No.1. The report was filed by respondent No.1 in which he has contended that on 8-7-2008 Izhar Hussain Lahori, earlier posted as S.H.O. Police Station Ratodero had seized 16 buffaloes unclaimed, after proper mashirnama and inventory under Article 134 of the Police Order, 2002, bearing Proceeding No.13 of 2008, therefore, learned Judicial Magistrate directed the applicant to seek legal remedy before the competent authority under the Police Order, 2002. Per learned counsel for the petitioner he approached to respondent No.3 on 1-8-2008, and an application was filed before respondent No.3, the same has been sent to respondent No.2 but no order has been passed as yet. At this stage, learned A.A.-G. pointed out that the copy has not been supplied to him therefore; he or the respondents are not in a position to reply the same. The petitioner is knocking pillar to post since 8-7-2008 and approximately now 2 months have passed and the cattles are lying at Dhak situated in District Shikarpur as per legal order of the police. The statements filed by the respondents clearly stipulates that the petitioner is owner of 16 cattle hence he is entitled to have the cattle as mentioned above after proper verification. As no claimant has come forward since 7-7-2008, hence the respondent No.1 is directed to facilitate the petitioner and hand over all the cattle to petitioner from Dhak situated in District Shikarpur. Regarding charges, may be claimed by the Dhak Munshi, prior to all the record should be placed before Court of area Judicial Magistrate and thereafter, suitable order would be passed in lieu of maintenance and feeding charges, at this juncture the applicant claimed that they are providing the feed to cattle. The Motorcycle bearing No.5842 CD 70 Engine No.1666491 Chassis No.AE-136216 be delivered to the petitioner after proper verification. Regarding delivery of one buffalo to A.S.-I. Ghulam Haider, the respondent No.3 is directed to call said A.S.-I. Ghulam Haider and get back the buffalo from him and hand over the same to applicant on his personal bond. Learned Judicial Magistrate of the area is directed to conduct the inquiry, call the applicant and A.S.-I. Ghulam Haider and go through all the record and thereafter, finally pass the order as to who is the real owner/last occupier of the said buffalo. The respondent No.4 should return the said buffalo to applicant within 3 days while learned Judicial Magistrate has to conclude the inquiry within 60 days. Copy of the said inquiry should be sent to this Court. Either party is free to challenge the said inquiry before this Court. In the above terms, this constitutional petition is allowed. H.B.T./R-5/K Order accordingly.