' JAVED IQBAL, J.--- This petition for leave to appeal is directed against the order dated 11-9-2002 passed by the learned Lahore High Court, Multan Bench, Multan, whereby criminal petition preferred on behalf of petitioner has been dismissed.
2. Precisely stated the facts of the case are that the possession of the tractor bearing No, 3841/MNK was taken by the police under section 550, Cr.P.C. From the custody of petitioner by whom it was purchased from respondent No, 1 in lieu of two shops and an amount of Rs, 1, 11,000 which has been admitted by the respondent. The custody of tractor in question was subsequently given to the respondent. Abdul Latif, Sub-Inspector is present and neither submitted that neither the tractor in question was stolen one nor involved in the commission of any offence. It is not understandable that how and why the tractor was seized by the police under section 550, Cr.P.C. Which only provides as under:-- "550. Powers to Police to seize property suspected to be stolen. --- Any Police Officer may seize any property which may be alleged or suspected to have been stolen, or which may be found under circumstances which create suspicion of the commission of any offence. Such Police Officer, if subordinate to the officer in charge of a police station, shall forthwith report the seizure to that officer."
3. In view of the above the question of title of the tractor and whether the conditions enumerated in the alleged executed agreement concerning the sale of tractor in question were complied with or otherwise squarely falls within the ambit of Civil Court. The parties may approach the Civil Court if so desired for the redressal of their grievances. As mentioned hereinabove that the tractor in question could not have been seized under section 550, Cr.P.C. And thus, the action of police is not only unlawful but depicts highhandedness and abuse of authority. It is worthwhile to mention here that the shops given by the petitioner have been rented out by Nazar Hussain (respondent No,1) who is enjoying the rent of the said shops and besides that an amount of Rs,1,11,000 was also received by him Nazar Hussain (respondent No,1) is present and directed to hand over the tractor in question to Hassan Muhammad (petitioner) immediately. Abdul. Latif, Sub-Inspector of Police is also present and is hereby directed to get the order implemented in letter and spirit.
4. We are inclined to convert this petition into appeal which is accepted in the above terms. The observations made hereinabove are B tentative in nature and shall not affect the question of title to be determined by the Civil Court.