2011 PLP 1095 (YLR)

MUNIB AKHTAR, J.

Learned counsel states that the applicant is owner of Suzuki vehicle bearing Registration No.KR-3452 and without any cause his vehicle has been taken into custody by the police under section 550, Cr.P.C. Learned counsel states that the application was made under section 523, Cr.P.C. for immediate release of the car, and proper registration documents in original, which were and continue to be in possession of the applicant, were shown to learned Magistrate. He, instead of considering the same dismissed the application on the ground that proper verification from the Excise and Taxation Department, Motor Registration Wing is still awaited. Learned counsel states that this is contrary to law since there was no cause for continuous retention of his car. Learned Deputy Prosecutor-General states that proper course would be for due verification to confirm that the applicant is true owner of the vehicle for which purpose the report of Excise and Taxation Department, Motor Registration Wing is necessary and that therefore, the Magistrate had correctly made the impugned order. I have heard the learned counsel for the parties and gone through the record. In my view it is appropriate to set aside the impugned order dated 22-12-2010 and direct the applicant as also S.H.O. A Police Station Badin to appear before the learned Magistrate concerned. In case the police are unable to specify the reasons why they suspect that the vehicle was stolen or otherwise involved in commission of any offence, and on perusal of original registration book of the motor vehicle which shall be produced by the applicant, the learned Magistrate is prima facie satisfied that the vehicle was not involved in any crime nor is it stolen property and that prima facie it belongs to the applicant he shall make appropriate order under section 523, Cr.P.C. for interim release of tile motor vehicle to the applicant pending final confirmation from the Excise and Taxation Department Motor Registration Wing. Let copy of this order be sent to S.H.O. Police Station Badin so that he shall be in attendance before the Magistrate on 20-1-2011, copy of this order may also be sent to Excise and Taxation Department Motor Registration Wing with direction to positively provide the particulars of Car bearing Registration No. KR-3452, Engine No. PKT195206 Chassis No.SR-308PK299866, Owner name Abu Saleh having his address at Shop No. 819 Naseerabad Colony Pipri Karachi. The Excise and Taxation Department Motor Registration Wing is warned that if there is any delay in submitting the necessary report to the learned IInd Civil Judge and Judicial Magistrate Badin as above, strict action shall be taken against all concerned in accordance with law. Once the report from the Registration Authority has' been received, the learned Magistrate shall make such order disposing of the matter before him as is warranted. This Criminal Miscellaneous Application stands disposed of. H.B.T./A-21/K Order accordingly.