2005 PLP 2864 (YLR)

Vehicle Pajero bearing No.3507/BC, Karachi-Sindh was owned and possessed by petitioner Dewan Hashmat Hayat. It is alleged that the said vehicle was damaged in an occurrence, regarding which case F.I.R. No.74 of 2003 dated 11-7-2003 on the complaint of the petitioner-complainant under sections 136/440/380/149/147, P.P.C. was registered at Police Station, Jalalpur, District Jhelum. The vehicle was taken into custody by the police as case property from the complainant-petitioner in the above said F.I.R. and is presently in Police Station, Jalalpur Sharif. The petitioner is behind the bars in another murder case.

2. The application for grant of Superdari was disallowed by the trial Court/Judicial Magistrate Section 30, Police Station, Jalalpur Sharif, District Jhelum vide order dated 8-4-2004, and the revision petition filed there against by the petitioner also failed as it was dismissed on 7-3-2005 by the Additional Sessions Judge-I, Jhelum, on the ground that the tax has not been paid against the said vehicle after December, 1994. It has been further observed that Abdul Malik son of Haji Syed Nazar is owner of the vehicle in dispute and till the date of order of the learned Additional Sessions Judge the petitioner is not registered as owner of the vehicle.

3. The learned counsel for the petitioner contends that the ownership of the vehicle is not in dispute; if the tax is not paid, that is matter between the petitioner and the department concerned; the vehicle was recovered and taken into custody from the petitioner; there was no other claimant of the vehicle; the mere fact that ownership still stands in the name of the previous owner from whom the petitioner purchased the vehicle was no ground not to release the same on Superdari to the petitioner.

4. The learned Assistant Advocate-General contends that the petitioner was the complainant of the aforesaid case F.I.R. No.74 of 2003, registered at Police Station, Jalalpur Sharif with the allegation that the accused damaged the vehicle in addition to the household effects; the vehicle was taken from the possession of the petitioner and is in the custody of Police Station, Jalalpur; there is no other claimant of the vehicle.

5. I have considered the arguments of the learned counsel for the parties and perused the record. The vehicle bearing No.3507-BC, Karachi-Sindh, which the petitioner purchased from the previous owner Abdul Malik son of Haji Syed Nazar, was taken into possession in the case F.I.R. No.74, which was got registered by the complainant. The vehicle was damaged in addition to the household effects. Said vehicle was taken into custody by the Police Station, Jalalpur Sharif in the above-mentioned case. There is no other claimant of the vehicle. The vehicle was taken into custody from the petitioner, so under the law the same should have been returned to the person from whom it was recovered, i.e. the petitioner.

6. This being so, I accept this petition and direct respondent No.4 S.H.O. to release the Vehicle No.3507-BC and hand over its possession to the petitioner or any other person authorized by him by executing a power of attorney duly attested by the jail authorities. With this direction the petition is disposed of. H.B:T./D-31/L Petition accepted.