P L D 1999 Lahore 388 , (PLP)

In this matter Car No.KK-1875 was taken into possession on 18-7-1998 in Cantt. Bazaar, Multan under section 550 of the Code of Criminal Procedure by Mian Tanveer Ahmad, S.H.O. Police Station Cantt., Multan while the same was in possession of Allah Ditta petitioner. An application to get the same on temporary custody was granted by the Assistant Commissioner City, Multan on 20-7-1998, but the car was not delivered to him in spite of the order placed before the said S.H.O. According to the petitioner he made another application on 16-10-1998 before the District Magistrate, Multan/respondent No.l who passed the order in his favour on 20-10-1998 for temporary custody of the car which has not been executed in spite of the fact that many efforts have been made and that even the` contempt proceedings were initiated by the District Magistrate, Multan against the S.H.O., Police Station Cantt., Multan.

2. A perusal of the file has made out that the Assistant Commissioner, City Multan passed the order on 20-7-1998 for his handing over the temporary custody of Car No.KK-1875 to Allah Ditta petitioner. The same was not complied with. The District, Magistrate also passed the order on 20-10-1998 on the application filed by the petitioner for handing over the temporary custody of the car to the petitioner. The same has not been complied with. A notice for contempt of Court was issued to the S.H.O., Police . Station Cantt., Multan on 7-1-1999. However, some written explanation was sent by the Senior Superintendent of Police Mutlan to the District Magistrate Multan and the District Magistrate, Mutlan chose not to proceed in the matter and simple became disinterested towards execution of his order dated 20-10-1998.

3. Now the petitioner has filed this petition for the execution of both the, aforesaid orders dated 20-7-1998 and 20-10-1998 passed respectively by the Assistant Commissioner, City Multan and by the District Magistrate, Multan. '

4. The fact of the matter is that both the aforesaid orders are still holding the water, The same have not been set aside. The recalcitrant attitude of the S.H.O., Police Station Cantt., Multan cannot be appreciated and rather an exception must be taken thereof. The Police Act 1861 and the Punjab Police Rules, 1934 confer vast powers on the District Magistrate to get executed the said orders. Even under section 369 of the Code of Criminal Procedure both the aforesaid judgments cannot be reviewed and recalled by both the aforesaid Executive Officers. As such, it can safely be held that the order dated 20-10-1998 has to be executed by the S.H.O., Police Station Cantt., Multan. 5 I, therefore, accept this writ petition and pass the order that the order dated 20-10-1998 passed by the District Magistrate, Multan shall be executed subject to furnishing of surety bond of some person of means in the sum of Rs.8,00,000 ,(Rupees eight lac) to .the satisfaction of the District Magistrate, Multan.

6. At this stage I am tempted to express that we all must take exception to the recalcitrant attitude of Mian Tan veer Ahmad, S.I./S.H.O., Police Station Cantt., Multan. The Father of the Nation has placed much stress on discipline nn the basis of which Faith and Unity can be achieved and all are the pillars. The recalcitrant attitude of the S.H.O., Police Station Cantt., Multan has made me to direct the Senior Superintendent of Police. Multan present before me to transfer him from Police Station Cantt. to any other police station of his own choice in the District.

7. This matter stands disposed of. N.H.Q./A-64/L Petition allowed.