2020 PLP 3 (YLRN)

CH. MUSHTAQ AHMAD, J.

Petitioner has assailed orders dated 06.11.2018 and 03.1.2019 through which he has been refused superdari of a car.

2. Petitioner got registered case vide F.I.R No. 101/2018 under section 381-A, P.P.C. Police Station Civil Line District Sahiwal for theft of his car Toyota Corolla GLI No. LWD 330 Engine No. X35 1074 Chasis No. NZE 1206027458 on 04.08.2018. Respondent No. 3 herein also lost his car No. LEA-09378 Chasis No. ZZE 1229303060 Engine No. 4531119 blue Model 2005 Altas Corolla for which he got registered case FIR No. 429/2018 dated 05.07.2018 under section 381-A, P.P.C. at Police Station Ghalla Mandi Sahiwal. Both the above cases were under investigation when an accused person namely Aamir Sohail who was arrested in case FIR No. 858 dated 14.08.2018 under section 381-A, P.P.C. registered at Police Station City Raiwind Lahore made a disclosure for recovery of two vehicles in the said case one Suzuki Mehran No. WH-226/IET Model 2013 Engine No. PKB 546686 Chasis No. PK 01086300 and another Car Toyota Corolla No. LEJ 1732 Colour blue Model 2007 Chasis No. 17E120/075696 whereas Engine and Chasis No. of Toyota Corolla were found tampered. Accused further made disclosure that he committed theft of Toyota Corolla within the vicinity of Sahiwal, hence he was roped in case FIR No. 108/18 dated 06.08.2018 under section 381-A, P.P.C. Police Station Civil Line Sahiwal got registered by the petitioner. Petitioner as well as Respondent No. 3 the complainant of cases registered at Ghalla Mandi, Sahiwal both applied for superdari of Toyota Corolla car got recovered by P.S Raiwind City Lahore before learned Magistrate section 30 Sahiwal who refued the superdari to both the complainants vide order dated 6.11.2018 but the learned Addl. Sessions Judge, Sahiwal vide order dated 3.1.2019 handed over superdari to Respondent No. 3.

3. In support of this petition, learned counsel for the petitioner has argued that the statement of the accused; report submitted by the police before the learned Magistrate and the remand papers support that infact it was the car of the petitioner which was stolen by the accused Aamir Sohail but the learned Addl. Sessions Judge ignoring the available material has handed over superdari to Respondent No. 3 for reasons not sustainable in the eye of law on the subject.

4. After hearing learned counsel for the petitioner and going through the impugned order it has been noticed that as per report submitted by Punjab Forensic Science Agency the car subject matter of case got registered by petitioner was not verified to be the same. During pendency of revision petitions with the consent of both the parties the vehicle in question was also examined through an expert by Toyota Sahiwal Motors who after examining the car has reported as under:-- "The Toyota Corolla Car Registration number LEJ0701732 colour strong Blue parked in the Civil Line, Police Station, Sahiwal was inspected checked for tempering, modification and alterations. The subject car has been removed/lost all check points of vehicle identification and further wrong model VIN plate and Chasis number pasted. After inspection of car, it is observed, the car is not Toyota Corolla GLI. The body structure is Toyota Corolla Altis. This car is not matching with both documents, which were handed over to our team."

5. In view of above opinion prima facie the claim of the petitioner to retain the car does not appear to be co-gent. Mere statement of an accused before police and the report submitted by the police before the Court may not be relevant as compared to the opinion of experts. Even otherwise by way of superdari only temporary arrangement has been made to save the vehicle from any environmental, damages both the parties may establish their claim before appropriate forums as to ownership. No illegality has been noted in the impugned order passed by learned Addl. Sessions Judge; Sahiwal. Hence, constitutional petition being meritless, is dismissed. SA/A-83/L Petition dismissed.