IQBAL HAMEEDUR RAHMAN, J. - Through the instant writ petition the petitioner seek setting aside of the impugned order dated 22.05.2009 and 26.05.2009 passed by the Courts below to the extent of the condition of submission of surety bond equivalent to the price of the gold.
2. It is stated that there was verification for ordering submission of the surety bond equivalent to the price of the gold in the absence of no rival claimant and no registration of case. It has been proved that the gold belongs to the petitioner the same was taken into possession under Section'
550, Cr.P.C. For which the petitioner being the genuine and bona fide owner of the gold applied for Spurdari wherein the same had been allowed subject to. The submission of the surety bond equivalent to the price of the gold. It is further stated that in the circumstances, the petitioner was entitled to the Spurdari of the gold without submission of any surety bond.
3. Admittedly no criminal case stands registered nor there is any rival claimant of the gold, the petitioner is the genuine and bona fide owner of the goid in view of the same, the condition of submission of surety bond is not justified. Taking the gold into custody appears to be highhandedness on the part of the police and is a sheer abuse of authority. In the above circumstances, relying upon he case of Muhammad Arif v. SHO City Police, Depalpur nd 9 others (PLD 1994 Lahore 521) wherein it has beenHeld that: "Powers of Police to seize property suspected, to be stolen-Misuse of such' power-Illegal practice developed regarding the use of powers of Police to seize property suspected to be stolen has to be severely dealt with, if not by the higher Police Officers or the subordinate Courts by the High Court in its inherent jurisdiction under Criminal Procedure Code and the Constitution, " this writ petition is accepted and the impugned orders of the Courts below are set aside to the extent of submission of the surety, bond equivalent to the price of the gold. In view of the same, the gold taken into custody by the police under Section 550, Cr.P.C. Be handed over to the petitioner forthwith. Since the action of the police is clearly mala fide, illegal and unconstitutional, the same must be censured and the Police officers concerned must be dealt with severely regarding the misuse of the provisions of Section 550, Cr.P.C. Copy Dasti on payment of usual charges. Learned A.A.G. Is directed to send a copy of this order to the Inspector General of police, \ Punjab and the Chief Secretary to the Government of the Punjab for issuing strict instructions to the subordinate police officers to understand the provisions of Sections 550 and 523, Cr.P.C. Properly and to appry the same strictly.