ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Crl.Revision.Appln.No.D-11 of 2018

DATE ORDER WITH SIGNATURE OF JUDGE

Before:

Mr.Justice Khadim Hussain M.Shaikh,

Mr.Justice Irshad Ali Shah,

For hearing of main case.

07.04.2020.

Mr. Habibullah G.Gouri, Advocate for applicant Gul Muhammad.

Mr. Aitbar Ali Bullo, D.P.G for the State.

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Irshad Ali Shah J;- Facts in brief necessary for disposal of instant Criminal Revision Application are that the Car, subject matter of the case on 16.03.2014 was found used for transportation of 43 K.Gs of Charas by accused Raj Kumar and three others. They on trial were found guilty, for the above said offence and were convicted and sentenced accordingly by learned Special Judge (CNS), Jacobabad, vide his judgment dated 11.01.2017. On challenge, it was set-aside by this Court vide judgment dated 19.04.2018. Subsequently, on 23.06.2018, the applicant claiming himself to be new owner of the subject Car applied for its restoration by making an application u/s.517 Cr.PC before learned Special Judge (CNS) Jacobabad. It was dismissed by him vide his order dated 03.09.2018, which is impugned by the applicant before this Court by way of instant Criminal Revision Application.

It is contended by learned counsel for applicant that the applicant being lawful owner of the subject Car is entitled to its restoration after acquittal of the accused involved in the above said incident. In support of his contention, he relied upon case of Allah Ditta vs. The State (2010 SCMR-1181).

Learned D.P.G for the State has prayed for dismissal of the instant Criminal Revision Application by contending that the very transfer of the subject Car in favour of the applicant without possession during pendency of the case was contrary to mandate contained by Section 27 and 32 of the Motor Vehicle Ordinance, 1965. In support of his contention, he relied upon order dated 17.10.2005, passed by the Honourable Supreme Court of Pakistan in Criminal Petition No.68-K of 2006 regarding Abdul Rasheed Vs. The State.

We have considered the above arguments and perused the record.

There is no denial to the fact that the subject Car was taken into possession by the police for having been used for transportation of Narcotics Substance. The transfer of the subject Car seems to have been made in name of the applicant on 15.05.2014 by the officials of Excise and Taxation Department, Motor Registration Wing, Government of Sindh, Civic Centre Gulshan-e-Iqbal, Karachi, in connivance with each other with fraudulent intent ignoring its involvement in criminal case that too at the time when its physical possession was with the police as case property. Such transfer/registration was in violation of the mandate contained by Section 27 of Motor Vehicle Ordinance, 1965, which expressly calls for physical production of the vehicle before the authorities at the time of its transfer/registration. In these circumstances, learned Special Judge (CNS) Jacobabad, was right to decline delivery of possession of the subject Car to the applicant, on the basis of invalid, illegal, fraudulent and belated transfer/registration of the subject Car in favour of the applicant by way of impugned order, which is not found to be illegal to be interfered by this Court by way of instant Criminal Revision Application.

Case of Allah Ditta (supra) which is relied upon by learned counsel for the applicant is on distinguishable facts and circumstances. In that case, the vehicle was restored to the owner mainly for the reason that he was found, having no nexus with the incident. In the instant case, the applicant claims himself to be the new owner of the subject Car on the basis of fraudulent, invalid and illegal transfer/registration.

In view of above, the instant Criminal Revision Application is dismissed accordingly.

Copy of this order together with reports (containing names of the officials), be sent to the Director, Excise and Taxation Department, Motor Registration Wing, Government of Sindh, Civic Centre Gulshan-e-Iqbal, Karachi, for action against delinquent officials, for effecting illegal and fraudulent transfer/registration of the subject Car in favour of the applicant by misusing their authority obviously with criminal intent and to furnish report of such action within thirty days after receipt of this order, for its perusal in Court through Additional Registrar of this Court.

J U D G E