Samid Ullah vs State

Judgment Sheet

IN THE PESHAWAR HIGH COURT, PESHAWAR

JUDICIAL DEPARTMENT

JUDGMENT

Cr. M/QP No.105-P/2014 Date of hearing......26/02/2015

Samid Ullah .....Vs.........The State Petitioner(s) by ...............................................................................

Respondent(s) by..............................................................................

ABDUL LATIF KHAN, J:- Through instant petition, the petitioner seeks quashment of impugned orders dated 20.12.2013 and 07.05.2014 of the learned lower Courts whereby his petitions for return of vehicle/Fling Coach bearing registration No.K- 4782/PR, were rejected.

2.The vehicle in question was taken into possession by the local police u/s 523/550 Cr.PC vide Mad No.5 dated 18.12.2001, whose driver decamped from the spot. During inquiry u/s 156(3) Cr.PC the registration number installed on the vehicle/Flying Coach (K-4782/PR) was found fake as per inquiry from the concerned registration office.

Consequently a case vide FIR No.139 dated

8.3.2003 u/s 419/420/468/471 PPC was registered in P.S. Mattani against unknown persons.

3.The petitioner approached the lower Court for the custody of vehicle in question being its lawful owner but his petition was dismissed vide order dated 20.12.2013. Feeling aggrieved, the petitioner approached the Court of learned Additional Sessions Judge, Peshawar who also dismissed the revision petition of petitioner vide order dated 07.05.2014, hence the instant quashment petition.

Arguments heard record perused.

4.Perusal of record reveals that the vehicle in question was taken into custody by local police u/s 523/550 Cr.PC whose driver decamped from the spot and it is not known as to who was driving the vehicle in question at relevant time as a criminal case has been registered against unknown persons. Petitioners has not produced any proof regarding taking the vehicle from his possession nor he admitted his presence in the same at relevant time.

5.It is also admitted fact that the vehicle in question is non-custom paid vehicle and its registration has been found bogus and fake on inquiry from the concerned registration office.

Petitioner failed to produce any valid document regarding his ownership of the vehicle in question and being case property in referred criminal case the same cannot be returned to him on superdari as he failed to establish his link with the vehicle in question and failed to make out a case for entitlement of the vehicle on superdari.

6.Apart from above, petitioner kept mum for a period of more than 13 years without any justification and he being owner of the vehicle would have approach at the first instance for the custody of the vehicle to the concerned quarter. It was informed that for the first time he has moved an application on 21.6.2013, which shows that he had no interest in the vehicle and made application without any justification and in such scenario the lack of interest on his part also disentitles him for the custody of the vehicle.

7.For the aforesaid reasons, this petition being devoid of merit is dismissed.

8.Before parting with the judgment it is observed that the occurrence took place in the year 2001 and the matter was reported in the year 2003 and since then the fate of the case is not known to the learned AAG. Even the submission of challan in Court is not evident from record. The SHO, P.S.

concerned is directed to trace the matter/record and act strictly in accordance with law and submit report regarding proceedings of the matter to the Additional Registrar (Judicial) of this Court positively within a period of 15 days.

9.So far as the Cr.M 13-P/15 is

concerned, since the main petition has been dismissed therefore, this petition for impleadment of Collector Customs, Deputy Collector Customs as party, has become infructuous, hence dismissed.

Announced.

Dt.26.02.2015.

JUDGE

“A.Qayum”