Muhammad Shahid son of Haji Ghulam Mustafa, the petitioner, by filing this petition under Section 561-A, Cr.P.C. has called in question the order dated 23.1.2007 passed by the learned Additional Sessions Judge, Lahore, whereby he had dismissed the revision petition filed by the petitioner against the order dated 15.12.2006 passed by the learned Judicial Magistrate, Lahore, dismissing his application for obtaining the vehicle Toyota Jeep (Land Cruiser) No. BC/5891, Model 1990, Chassis No. HZJ 75-0002086 and Engine No. IHZ-0033771 on Superdari.
2. Precisely the facts giving rise to this Constitutional petition are that the petitioner claimed to be bona fide purchaser of the aforementioned vehicle, which had been seized by Mehdi Hassan, S.I.
Police AVLS, Gulberg, Lahore under Section 550 Cr.P.C.; that the said vehicle was got examined from the Forensic Science Laboratory which had reported that its chassis number had been cut and welded; that the petitioner moved an application before the learned Judicial Magistrate, 1st Class, Model Town, Lahore for Superdari of the said vehicle but his plea had been turned down with the observation that the ownership of the present petitioner qua the vehicle in question was doubtful.
Feeling aggrieved the petitioner filed a revision petition before the Court of Sessions, at Lahore, which had been dismissed by the learned Addl. Sessions Judge, Lahore vide order dated 23.1.2007.
Hence the instant petition.
3. Release of the aforesaid vehicle on Superdari is being sought by the petitioner on the grounds that he a bona fide purchaser and owner of the vehicle having bought the same from one Gulam Shah son of Asghar Shah for an amount of Rs. 14,00,000/-; Gulam Shah in his turn had purchased the vehicle in question from Abdul Samad son of Abdul Hakim; the certificate of registration, a copy whereof has been appended with this petition, as Annex-'A' bears all the necessary endorsements and that seizure of the vehicle under Section 550 Cr.P.C. was illegal; that neither is there any rival claimant of the vehicle in question nor is the same involved in any criminal case. Reliance in, this regard has been placed on Mahboob Khan u. The State (2003 YLR 791).
4. The learned Law Officer appearing on behalf of the State, however, did not seriously oppose the prayer of the petitioner and submitted that admittedly there is nothing on record to show that the vehicle in question is stolen property or is involved in any criminal case except the report of Forensic Science Laboratory, that the chassis number thereof had been rigged.
5. After hearing the learned counsel for the petitioner as well as the learned Law Officer and going through the documents appended with this petition, it has straight away been observed that the vehicle in question is neither stolen property nor is the same involved in any criminal case. The documents thereof are properly maintained by the petitioner. The only question as to the chassis number, which is alleged to have been "cut and weld", is a matter which needs further probe. The petitioner for the time being appears to be a bona fide purchaser of the vehicle in question and the Excise Department had also transferred the vehicle in his name on 3.11.2006. There is no other claimant of the vehicle for the time being. It has further been observed that retention of the vehicle in question in police possession for an indefinite period would mean nothing but complete decay, deterioration and damage thereto which cannot be allowed under any provision of law.
6. For the foregoing reasons, I accept this petition and direct ',that the vehicle in question be handed over to the petitioner on Superdari subject to his furnishing surety bond in the sum of Rs.
14,00,000/- to the satisfaction of the Ilaqa/Judicial Magistrate with the further direction to the petitioner not to sell GI transfer the same till the decision of its genuineness by the competent forum. However, this order will not prejudice the rights of a rival claimant, if any, with better title. No order as to costs.