Through this petition under Section 561-A, Cr.P.C. Muhammad Idrees petitioner has challenged the order, dated 7-4-2006 passed by the learned Magistrate Section 30, Faisalabad through which application moved by the petitioner for Superdari of vehicle bearing Registration No,FDM/4794 has been rejected, Against the said order revision petition was also filed before the learned Additional Sessions Judge, Faisalabad which has also been dismissed vide order, dated 19-5-2006.
2. The brief facts of the case are that the petitioner claims that he purchased Hiace wagon for an amount of Rs:5,10,000 on 29.03.2004 and it was transferred in his name. The petitioner was in possession of the said vehicle when it was taken into possession by the police on 28-112005 under Section 550, Cr.P.C, and case F.I.R. No.96, dated 8-12-2005 was registered under Sections 420/468/471/109, P.P.C. on the statement of Nasrullah Khan, Inspector, who had taken the vehicle in his possession.
Consequently, the petitioner had moved an application for Superdari of the said vehicle before the learned Magistrate Section 30, Faisalabad which was refused vide order, dated 7-4-2006 and the revision petition filed against the said order has also been dismissed by the learned Additional Sessions Judge, Faisalabad vide order, dated 19.5.2006.
3. The learned counsel for the petitioner contends that the petitioner is bona fide purchaser of the said vehicle and according to the papers shown to him the said vehicle was registered on 17-9- 1989 in the name of Ch. Muhammad Ali, who got lodged Rapat at Police Station Kotwali District Faisalabad for the theft of his registration book and then got issued the duplicate registration book; that the petitioner has purchased the said vehicle from Respondent No. 2 Muhammad Hanif and had paid the total amount; that there is no other claimant of the said vehicle and custody of the said vehicle be handed over to him.
4. Learned counsel for Respondent No.2 Muhammad Hanif states that he had sold the said vehicle to the petitioner and has no objection if the custody of the said vehicle is handed over to the petitioner on Superdari.
5. Learned Assistant Advocate-General on instructions contends that from the perusal of the record of the Registration Office it was found that the said vehicle was never registered against the said number on 17-9-1989 as claimed by said Ch. Muhammad Ali, who had already expired and the duplicate registration book was forged one. It is next contended that one Umer Saleem Alvi, Clerk of Excise Department was involved in such illegal activities and forgery and number of cases have already been registered against him who is fugitive from justice, that the said clerk had entered the forged registration number against the said vehicle. It is further contended that one Muhammad Aslam had sold the vehicle to Muhammad Hanif Respondent No.2, who is also an accused in the present case and his application for grant of pre-arrest bail is pending in the Court of learned Additional Sessions Judge, Faisalabad (Mr. Tanvir Akbar).
6. I have heard the learned counsel for the parties and also perused the record with due care and caution.
7. The petitioner for the time being appears to be bona fide purchaser of the vehicle in question and Excise Department has also transferred the vehicle in his name on 25-3-2004: Admittedly, the said vehicle was in possession of the petitioner when it was taken into possession by the police under Section 550, Cr.P.C. on 28.11.2005, after. elapse of more than 1-1/2 years. There is no other claimant of the said vehicle. The petitioner is entitled to the custody of the said vehicle on superdari and the application had been wrongly dismissed by the learned Magistrate Section 30, Faisalabad and the revision petition has also been dismissed without taking, into consideration that the petitioner was bona fide purchaser and the said vehicle will be damaged if it is kept in the custody of the police for indefinite period. Hence, this petition is accepted and custody of vehicle bearing Registration No. FDM/4794 is ordered to be handed over to the petitioner subject to his depositing surety bonds in the sum of Rs. 5,00,000 (Rupees five lac only) to the satisfaction of the learned Illaqa/Judicial Magistrate. However, the petitioner will be bound to produce the vehicle in the Court as and when required.
8. Before parting from this order, the Investigating Officer of this case as per his undertaking is directed to join Muhammad Aslam in the investigation from whom Muhammad Hanif Respondent No. 2 had purchased the said vehicle and he will also make efforts for causing the arrest of Umer Saleem Alvi, Clerk of Excise Department who is fugitive from justice and according to him is involved in thiease as well as, number of other cases of fraud and preparation of forged registration books of the vehicles. D.P.O. Faisalabad is also directed to supervise the investigation of the present case and ensure that real culprits are booked and proceed strictly in accordance with law. Report about the progress of this case shall be submitted to this Court through Additional Registrar (Judi.) within one month.