2002 PLP 699 (YLR)

Writ Petition No. 13019 of 2002, decided on 9th August, 2002. ‑‑‑‑Ss. 516‑A & 550‑‑‑Penal Code (XLV of 1860), Ss.420/167/468/471‑‑‑Constitution of Pakistan (1973), Art. 199‑‑‑Constitutional petition‑‑‑Custody of motor car on Superdari‑‑-Motor car in question was not a subject‑matter of any criminal case registered anywhere‑‑‑Police had no occasion to suspect commission of any crime in respect of the said car‑‑‑Taking over of the said vehicle under S.550, Cr.P.C. prima facie appeared to be doubtful‑‑‑Ownership of the motor car had been solely claimed by the petitioner whose status in an F.I.R.; subsequently registered in respect of the said car, was merely that of a witness and not of an accused person‑‑ Petitioner had claimed his title to the car on the basis of an open transfer letter and a certificate of verification issued by the Forensic Science Laboratory‑‑‑Magistrate had no occasion to dismiss petitioner's application as regards Superdari of the car‑‑ Constitutional petition was allowed in circumstances and car was handed over to petitioner on Superdari. Rana Muhammad Arif for Petitioner. Ishfaque Ahmad Chaudhary for the State. The issue in this case pertains to a motor‑car bearing Registration No.RIX‑8537 which had been taken into cust6dy by the C.I.A Police (Anti‑Car‑lifting Staff) Gulberg, Lahore on 18‑7‑2001 from the custody of the present petitioner under section 550, Cr.P.C. Subsequently on 3‑10‑2001, F.I.R. No.370 had been registered in respect of the said motor‑car at Police Station Gulberg, Lahore for offences under sections 420/467/468/471, P.P.C. The petitioner approached the learned Judicial Magistrate, First Class, Model Town, Lahore seeking Superdari of the said motor‑car but his application in that regard was dismissed by the learned Magistrate vide order dated 6‑6‑2002. The petitioner then filed a revision petition against the said order but his revision petition in that respect was also dismissed vide order dated 9‑7‑2002 passed by the learned Additional Sessions Judge, Lahore. Hence, the present writ petition before this Court.

2. After hearing the learned counsel for the parties and going through the record it has been noticed that at the time of its taking over by the police the motor‑car in question was not a subject‑matter of any criminal case registered anywhere and, thus, there was hardly any occasion for the police to suspect commission of any crime in respect of the said vehicle. In these circumstances application of the provisions of section 550 Cr.P.C., to the taking over of the said motor car prima facie appears to be doubtful. It is not disputed that ownership of the said motor car has been claimed by the present petitioner and so far no other claimant has come forward claiming the said motor‑car to be his. The petitioner's status in the above‑mentioned F.I.R. No.370 of 2001 registered at Police Station Gulberg, Lahore on 3‑10‑2001 is merely that of a witness and not of an accused person. The petitioner claims his title to the said motor‑car on the basis of an open transfer letter as well as a certificate of verification issued by the Forensic Science Laboratory. In these circumstances there was hardly any occasion for dismissing the petitioner's application regarding Superdari of the said vehicle by the learned Magistrate as the said vehicle is presently rooting in the premises of the Police Station without any use thereof and thereby occasioning its decay. This writ petition is, therefore, allowed with no order as to costs, the impugned orders passed by the learned Magistrate and the learned Additional Sessions Judge, Lahore on 6‑6‑2002 and 9‑7‑2002 are hereby set aside and consequently the learned Magistrate is directed to release the said vehicle on Superdari in favour of the present petitioner upon appropriate terms. S.M.A./M‑1408/L Order accordingly.