' M.A. SHAHID SIDDIQUI. J.- Mirza Naseer Ahmad petitioner has challenged the legality of the orders dated 26-12-2006 and 27-1-2007 passed by a learned Magistrate and a learned Addl. Session Judge, Lahore respectively pertaining to the temporary custody of car bearing registration No.GTF/2324 which has been seized by an A.S.-I. Of Anti Car Lifting Staff on 15-12-2006.
2. The petitioner's case is that he had purchased the disputed vehicle from Mst. Riffat Attique wife of Attique-ur-Rehman and obtained an open transfer letter.
3. According to the report of the Forensic Science Laboratory the full panel of chasis number plate has been refitted and A welded. Admittedly neither any other claimant has come forward to claim the ownership of the disputed car nor it is required in any criminal case. In the circumstances of the case I am of the view that the disputed vehicle should have been returned to the person from whose custody it has been seized. Accordingly I allow this petition and order the delivery of the vehicle in dispute to the petitioner.