RAJA SAEED AKRAM KHAN, J. -- The supra titled appeal has been filed against the order of the learned Shariat Appellate Bench of the High Court (hereinafter to be referred as High Court ) dated 17.09.2018, whereby the revision petition filed by respondent No, 1, herein, has been accepted.
2. Necessary facts for disposal of the instant appeal are that on the report of appellant, herein, an F.I.R. bearing No, 98/17 was registered at Police Station Nar on 21.10.2017 in the offences under Sections 341/34, A.P.C. and 20, EHA. Vehicle No, ICT-HX 060 was also confiscated under Section 550, Cr.P.C. by the Police. After confiscation of the said vehicle, appellant, herein, filed an application before the Additional Tehsil Criminal Court, Kotli for release of the said vehicle in his favour . The learned Trial Court sought report from SHO Police Station Nar and vide order dated 10.11.2017, released the said vehicle in favour of appellant, herein. Against the said order of the Trial Court, respondent No, 1, herein, filed a revision petition. The learned High Court through the impugned order while accepting the revision petition, set aside the order passed by the Trial Court with a direction to pass fresh order on the application filed by the respondent/appellant, herein, after providing fair opportunity of hearing to the parties, within a period of one month, with a further direction that till decision of the application, the vehicle shall remain in the custody of police, hence this appeal.
3. Sardar Shoukat Ali, Advocate, the learned counsel for the appellant, submitted that the impugned order passed by the learned High Court is against law and the record. He submitted that the appellant is a bona fide purchaser of the vehicle and in this regard transfer deed has also been executed in his favour . He submitted that the disputed vehicle was snatched by respondent No, 1 from the appellant on gunpoint, which was recovered by the Police, thus the said vehicle is not suspected being stolen property . The Trial Court rightly passed the order for handing over the custody of vehicle to the appellant but the learned High Court without adhering to the legal and factual position illegally passed the impugned order for confiscation of the vehicle at Police Station. He submitted that against the order of the Trial Court i,e, Tehsil Criminal Court, the revision petition was liable to be filed before the District Criminal Court and the revision petition before the learned High Court was not competent but the learned High Court while ignoring this legal proposition entertained the same and set aside the order of the Trial Court. Lastly , the learned counsel submitted that while lying/parking the vehicle at Police Station in the open area there is strong apprehension of damage and misuse of the vehicle due to which the appellant will suffer irreparable loss, therefore, while, accepting the appeal, the impugned order may be set aside and the custody of the vehicle be handed over to the appellant.
4. Sardar Karam Dad Khan, the learned Advocate-General and Mr. Saqib Javed, Advocate, counsel for respondent No, 1, strongly opposed the arguments addressed on behalf of the appellant and submitted that the impugned judgment of the learned High Court is perfectly legal. They submitted that the order passed by the Trial Court is telegraphic one, which is not sustainable in the eye of law . The appeal merits dismissal.
5. We have heard the learned counsel for the parties as well as the learned Advocate-General and gone through the impugned order alongwith the other material made available on record. The matter relates to the custody of the vehicle which was recovered by the Police from respondent No, I,. herein, after registration of F.I.R. on the report of appellant, herein. The challan has already been presented before the Court of competent jurisdiction and the matter is under trial. After confiscation of the disputed vehicle, the appellant, herein, filed an application before the Additional Tehsil Criminal Court/Judicial Magistrate 1st Class, Kotli, for release of the vehicle in his favour . The Trial Court sought the report from Police Station Nar. The S.I/I.O. Police Station Nar submitted the report in the following terms:-- {{URDU TEXT}} The The aforesaid report was submitted before the Trial Court on 10.11.2017 and on the same day, the Trial Court passed the following order:--- {{URDU TEXT}} From the perusal of the reproduction (supra) it appears that despite the report of the SHO Police Station Nar that the applicant, who is also the Complainant, has not produced the original Registration. Book and other documents regarding the ownership of the vehicle, therefore, a letter has been addressed to the. Registration Authority Islamabad to certify the ownership of the vehicle and on receiving the certification, the ownership of the vehicle may be clarified, the Trial Court passed the order for handing over the vehicle to the applicant/appellant, herein.
The record reveals that on filing of the application by the appellant respondent No, 1, herein, who is also claiming the ownership of the vehicle, was neither summoned nor heard and the Trial Court without assigning any reason released the vehicle in favour of the appellant. The order passed by the Trial Court is clearly telegraphic, which is not maintainable. Thus the learned High Court has committed no illegality while passing the impugned order .
6. There is another aspect of the case, that while passing the impugned order , the learned High Court issued the direction to the Trial Court to decide the matter afresh within a period of one month, after providing the opportunity of hearing to the parties. The impugned order was passed by the learned High Court on 17.09.2018, but due to the conduct of the appellant the application could not be decided up till now, which shows the lack of interest of the appellant to pursue the matter before the proper forum. This conduct of the appe llant also disentitles him for any relief. Therefore, instead of attending other points raised before us, we intend to endorse the findings of the learned High Court while reiterating the direction already issued that the Trial Court shall pass fresh order after providing right of hearing to the parties on the application filed by appellant, within a period of one month from the communication of judgment of this Court. Till decision of application by the Trial Court the vehicle in question shall remain confiscated with Police Station Nar .
The result of the above discussion is that this appeal has no substance, therefore, the same is hereby dismissed. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.