2001 P Cr (PLP)

Muhammad Idrees Mughal for Petitioner. P.D.S.P. for Respondents. Admitted facts giving rise to the present petition precisely stated are that A.S.P., Headquarters, Muzaffarabad conducted raid on April 29, 2000 at the residence of the petitioner in connection with the investigation of some case registered against her husband and took into possession two cars parked in House No. 182‑Gondal Street, Gulraiz Colony, Scheme No.2, Chaklala Road Rawalpindi. One of the cars bearing No.R‑1894 Karachi Suzuki was taken by him to Azad Kashmir whereas the other Suzuki car was parked at Police Station Airport which was taken back by the petitioner on September 26, 2000 by the order of a Judge of Punjab High Court. The other vehicle which was taken to Azad Kashmir was kept in the premises of the office of D.I.‑G. Range, Muzaffarabad. The petitioner in the light of these facts invoked the Constitutional jurisdiction of this Court under section 44 of the Interim Constitution Act, 1974 for the following relief:‑‑ "The petitioner is the sole registered owner of the Car No.R‑1894 Karachi, which is not involved in any criminal case but only used to take the petitioner's children from/to school who all have been deprived of their Constitutional rights by misusing and abusing the State Authority by the abovementioned respondents. Copy of the Registration Book is attached herewith as Annexure "D". It is, therefore, prayed that car may be ordered to be returned to the petitioner alongwith the payment of compensation Rs.3,000 per day w.e.f. 30‑4‑2000 till the date of return of car. Further the AJK Ehtesab Bureau, may be ordered to initiate criminal proceedings against the respondents on the charge of trespass, misuse of official powers and authority and criminal misconduct of the respondents." The vehicle was subsequently returned to the petitioner vide order of the Court, dated November 13, 2000: From the pleadings of the parties, it becomes clear that the Car No.R‑1894 Karachi is neither a stolen property nor a property used in the commission of any offence, therefore, the respondents were not justified in impounding the same. If any offence is committed by the husband of the petitioner, the police can proceed against him, but had no justification in law to raid the house of the petitioner and took into possession two vehicles belonging to her. In the light of these facts, the petitioner may seek an appropriate action against A.S.P., Muzaffarabad, from concerned authority and may also sue him for damages if so advised. As custody of the car has already been given to the petitioner, therefore, no further order is required to be passed in this petition. This writ petition stands disposed of in the terms indicated above. Order announced. H.B.T./19/AJ&K Order accordingly.