Constitution Petition No.D-3828 of 2011
Date Order with signature of the Judge
1. For order on Office Objection No.1.
2. For Katcha Peshi.
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Mr. Mohammad Zareen Satti, Advocate for Petitioner along with Petitioner.
Mrs. Shiraz Iqbal, Standing Counsel, along with Major Ashfaq Ahmed Headquarter Rangers.
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Major Ashfaq Ahmed has stated before us that on 06.9.2011 vehicle claimed by the petitioner was taken into custody by 31 Wing of Pakistan Rangers as it was found unattended and since then it is with 31 Wing Pakistan Rangers, however, he admits that neither any FIR till date has been lodged nor Pakistan Rangers have any power to detain such vehicle, however, he undertakes and assures that in case petitioner approaches vehicle upon verification would be released forthwith. Petitioner present in Court says that original documents of the vehicle were inside the vehicle at the time when it was detained by the Rangers which position is denied by Major Ashfaq Ahmed. Mr. Ashfaq further states that Pakistan Rangers several times requested the petitioner to take delivery of the vehicle upon showing the original documents of vehicle which statement is denied by the petitioner who says that he has been regularly visiting the officer of Pakistan Rangers but the incharge colonel even did not bother to see him.
In the circumstances, the proper course would have been to register a case under Section 550, Cr.P.C. but that has not been done so far. Major Ashfaq Ahmed undertakes that after verifying the record from the Excise & Taxation Department the vehicle would be handed over.
We are also of the view that for such illegal retention of the vehicle why not the petitioner should be monetary compensated and that compensation should be deducted from the salaries of the officers/officials who have undertaken such illegality. To address this issue, Standing Counsel seeks sometime. We adjourn the hearing of this case to 24.10.2012.
JUDGE
JUDGE