ORDER-SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA  

 

Crl. Misc. Appln. No. S-  56 of 2022.

 

Date of hearing

Order with signature of Judge

 

12.01.2023.

 

1.          For orders on office objections.

2.         For hearing of main case.

 

Mr. Habibullah G. Ghouri, Advocate for applicant.

Mr. Shawak Rathore, Deputy Prosecutor General.

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Zulfiqar Ali Sangi, J-        Through instant criminal miscellaneous application, applicant Muhammad Iqbal Aheer has called in question the orders dated 19.11.2021 and 20.01.2022.

 

2.         The order dated 19.11.2021 was passed by learned 4th Assistant Sessions Larkana, whereby he had dismissed an application filed by applicant in terms of Section 516-A Cr.P.C, for return/ restoration of Tanker/ Truck [Nisan] of white color, Model 1982, with Chasis No.24425 bearing Registration No. KT- 7357, in his favor on the basis of “Superdari”, whereas Order dated 20.01.2022 was passed by 1st Additional Sessions Judge, Larkana, in Crl. Revision Appln. No. 01 of 2022 which was filed seeking setting aside or order dated 19.11.2021.

 

3.         Learned counsel for applicant mainly contended that, applicant is owner of the vehicle in question and possess it documents; that the vehicle in question was rented out by applicant to a person who dishonestly concealed the vehicle and such F.I.R vide Crime No.302 of 2010 was registered by applicant at P.S Muzafar-abad, District Multan and on coming to known about seizure of vehicle in question the applicant approached concerned Court for its restoration. Per learned the applicant is ready and willing to produce the vehicle before learned trial Court as and when required by it and also he is ready to furnished surety. Lastly, he prayed that the applicant being owner of vehicle is entitled to have its custody on “superdari” basis.

 

4.         Conversely, learned D.P.G. appearing for the State contended that, vehicle in question was involved in the theft case. He further contended that, during custody of the vehicle in question with police, the applicant managed to have got it changed in his favor in collusion with Excise Department, which create suspicion. He further added that the orders passed by learned Courts below are well reasoned and speaking and do not call for any interference by this Court. As such, he prayed for dismissal of the instant criminal miscellaneous application.

 

5.         The learned trial Court i.e. 4th Assistant Sessions Judge, Larkana, while dismissing the application of applicant has observed as under:

 

            “Seemingly, the oil tanker having registration No.KT-2357, Engine No.50605015 and Chasis No.PK- 20L-24425, was seized by police on 06.06.2010, when accused persons were purportedly committing theft of oil from pipeline of PARCO through the said oil tanker. Accused persons were the absconders and the case was kept on dormant file vide order dated 31.01.2011. No accused has been arrested till date. Copy of F.I.R No.310/2010 at Police station Muzaffarabad was lodged by the present applicant on 17.6.2010 i.e. after the vehicle was seized by police of Police Station Badeh on 06.6.2010. Applicant has not stated anything about the outcome of his F.I.R which had been lodged after 11 days of seizure of the vehicle. The report of Excise and Taxation Officer, Motor Registration Authority Kohat, dated 12.10.2020 shows that the vehicle has been transferred in favor of the application on 12.10.2021. The applicant had filed similar application before this Court on 09.2.2021 and had withdrawn the same. Report of Excise and Taxation Officer, Motor Registering Authority Kohat dated 15.4.2021 submitted in the said application showed that the vehicle was registered in the name of Muhammad Habib; moreover, engine number of the vehicle as shown in the documents submitted by the applicant is 068196 while the same mentioned in the F.I.R is 50605015.”

 

 

6.         However, the learned revisional Court while maintaining the order of  learned trial Court has observed as under:

 

            “From perusal of Excise and Taxation department, Government of Khyber Pakhtunkhwa Motor Registering Authority report dated 12.10.2021 and other documents attached with the application it is vivid and clear that the vehicle subject matter of the application has been transferred in the name of applicant on 15.09.2021, whereas from perusal of F.I.R No.60/2010 of P.S Badeh it transpires that the vehicle subject matter of the application had been seized on 06.6.2010, which means that the ownership of the vehicle has been transferred in the name of applicant when the vehicle subject matter of the application was in the custody of police after its seizure. At the time of its seizure by police vehicle it was not registered in the name of applicant and it has been transferred in the name of applicant in contravention of law without its physical by the Excise and Taxation Officer. It seems that the change of ownership is based on malafide.” 

 

 

7.          From careful perusal of impugned orders passed by both the Courts below seem to be proper, as both the Courts below have properly commented on all aspects of the case. In these circumstances, the learned Courts below have rightly come to a conclusion that the applicant has not been able to make a case for restoration of vehicle in question in his favor. Learned counsel has not been able to point out any illegality and infirmity afflicting the impugned orders, particularly the points noted hereinabove, to be interfered with by this Court.

 

8.          In view of the above, the impugned orders passed by the learned Courts below do not call for interference by this Court. Accordingly, the instant criminal miscellaneous application stands dismissed.

 

 

                                                              Judge

 

Ansari