1. RAZA ALI KHAN, J .---Through this petition filed under section 44 of the Azad Jammu and Kashmir Interim Constitution, 1974, following relief is prayed for: "It is, therefore, very humbly prayed, by accepting the instant writ petition, seizure of the vehicle under section 550/523, Cr.P.C. dated 09.09.2018, order of the respondent No.4 dated 23.10.201 8 and order of respondent No.5 may very kindly be set-aside and vehicle of the petitioner pertaining chassis No. PRLZD 11405, blue colour (kind of vehicle is Dumper) may kindly be released in favour of petitioner"
2. Precise stand of the petitioner is that respondent No.6 has seized the vehicle of the petitioner having chassis No.PRLZD 11405, blue colour registration No.APF under section 550/523 Cr.P.C. on 09.09.2018. The petitioner filed application before respondent No.4 for release of the said vehicle but the learned Sub-Divisional Magistrate rejected the application vide order dated 23.10.2018. The petitioner filed a revision petition against the order dated 23.10.2018 before Sessions Judge Muzaf farabad who made over the same to Additional Sessions Judge, Muzaf farabad. The learned Additional Sessions Judge after hearing the parties, dismissed the revision petition vide impugned order dated 31.10.2018. It was contended that the Police has no jurisdiction to seize the vehicle under section 550/523 Cr.P.C. mere on the ground that the same is non-custom paid, therefore, the action of the police to seize with the vehicle of the petitioner and the rejection of application by responden t No.4 and dismissal of revision petition by respondent No.5 is illegal and without lawful authority . Respondents have filed comments, which were treated as written statement, wherein it is submitted that the petitioner was asked to produce registration documents of vehicle but the petitioner failed to produce the same.
3. The learned counsel for the petitioner argued that the Customs Act, 1969 has not been adapted by the Azad Jammu and Kashmir Government or by the Azad Jammu and Kashmir Council, therefore, the police is not competent to seize any vehicle on the ground that the same is non-custom paid. The learned Advocate further argued that Sub-Divisional Magistrate Muzaf farabad as well as the learned Additional Sessions Judge Muzaf farabad failed to understand this aspect of the case and illegally refused to release the vehicle of the petitioner . He contended that there is no other claimant of the seized vehicle and there is also no allegation of stolen of the said vehicle rather the same has been seized mere on the ground that the custom of the vehicle has not been paid, which act is not legally justified until the Customs Act is adapted by the Azad Jammu and Kashmir Government.
4. The AAG appearing on behalf of the respondents defended the impugned judgments and submitted that the police is competent to seize any moveable property suspected to be stolen or the same creates suspicion of the commission of any offence. The learned Advocate further submitted that petitioner failed to establish his ownership, therefore, is not entitled to release vehicle in his favour I have heard the learned counsel for the parties and gone through the record of the case.
5. The Customs Act, 1969 has been adapted by the Azad Jammu and Kashmir Council on 30th December , 1998 vide the Azad Jammu and Kashmir Council (Adaptation and Validation) Act, 1998 and after adaptation of the Customs Act, 1969 by the Azad Jammu and Kashm ir Council, holding of non-custom paid vehicle is an offence and it cannot be said that non-customs paid vehicles cannot be confiscated by the police. Section 550 Cr.P.C. empowers the police to seize property suspected to be stolen. For proper appreciation section 550 Cr.P.C. is reproduced as under:- "550. Powers to Police to seize property suspected to be stolen. Any police-of ficer may seize any property which may be alleged or suspected to have been stolen, or which may be found under circumstances which create suspicion of the commission of any offence. Such police-of ficer, if subordinate to the officer in charge of a police- station, shall forthwith report the seizure to that of ficer."
6. The question as to whether non-custom paid vehicle can be seized by the Police under section 550 Cr.P.C. has been resolved by the Hon'ble Supreme Court in case titled Kabir Hussain v. State 2002 PCr.LJ 1104 and observed as under:-- "The vehicle in discussion in the light of the record available with us was under use on forged registration papers, moreover its custom duty has not been paid up to this time. In these circumstance s the learned Judge in the High Court was justified in law in maintaining the order passed by SDM Mirpur on 14.09.2000.
7. A bench of this Court in Writ Petition No.1944/18 titled Kashan Bukhari v. State decided on 07.02.2019 has also observed as under:- "Section 550 Cr.P.C. empowers a police officer to seize a vehicle suspected to have been stolen or create suspicion of commission of any offence. In my humble view, possessing an unregistered vehicle without Registration Book and title of ownership is an offence under Motor Vehicle Ordinance. The concerned, police was therefore, empowered to seize the disputed vehicle under section 550 Cr .P.C."
8. In view of above reproduced dictum of the superior Courts, it can safely be said that non-custom paid vehicle, without Registration Book and title of ownership can be confiscated by the police under section 550 Cr.P.C. After seizure of property suspected to have been stolen, or found under circumstances which create suspicion of the commission of offence, is provided under Section 523 Cr.P.C. Under the said section seized property shall be forthwith reported to a Magistrate, who shall make such order as he thinks fit respecting the disposal of such property to the person entitled to the poss ession thereof. Under sub section (2) of section 523 Cr.P.C. if the person entitled to the possession thereof is unknown, the Magistrate may detain it and shall issue proclamation requiring any person who may have a claim thereto, to appear before him and establish his claim within six months from the date of such proclamation. Under section 524 Cr.P.C. if no person establishes his claim to such property within the period of six months, such property shall be at the disposal of the Provincial Gove rnment and may be sold. Under section 525 Cr.P.C. if such property is subject to speedy and natural decay or if the Magistrate to whom its seizure is reported is of the opinion that its sale would be for the benefit of the owner , the Magistrate may at any time direct it to be sold. Despite a complete procedure provided in the Code of Criminal Procedure to deal with the property seized under section 550 Cr.P.C., the same is not being followed in Azad Jammu and Kashmir and the seized vehicles, which are without any Registra tion Book are given to other persons on Superdari, which act is clear violation of the provisions contained in the Code of Criminal Procedure.
9. I am of the view that any vehicle without Registration Number and without any specific identification cannot be allowed to run on roads as these type of vehicles are serious security threats and such like vehicles, not stamped to a particular owner , can easily be used in criminal activities, terrorist attacks and smuggling of narcotics etc. due to their expendable nature and cheap costs. It is right time to take concrete steps to discourage releasing such vehicles on Superdari on the basis of duplicate Registration Books, bogus transfer letters, agreements and affidavits. It also came to the notice of this Court that many people purchase damaged and discarded vehicles from official auctions at excessive prices only to get registration books and these registration books are being used with tampered vehicles. Phenomenon poses a threat to law and order . It is an alarming situation for the concerned department, as the smuggled vehicles could be used in any terrorist attack, abduction, smuggling drugs and other heinous crimes. Non-customs paid vehicles are increasingly being used by crimin als across the country because there is no mechanism for ascertaining and verifying their ownership and this fact makes very difficult for the police to investigate and approach those who use non-customs paid vehicles for their activities. These vehicles therefore, can not be allowed to run on roads without their proper registration under law. The strict adherence to the law in this regard has become more essential in view of the severe threats of terrorism and spread of narcotics faced by the society nowadays. It is also in my judicial notice that non customs paid vehicle s are being sold throughout the state of Azad Jammu and Kashmir through social websites and traffickers also offer to purchase the precious and costly vehicles and provide the facility of delivery at their door step but unfortunately concerned authorities specially police have turned a blind eye over this irregularity which could cause a hefty loss to national exchequer .
10. The petitioner remained unable to submit any valid ground justifying interference by this Court in presence of concurrent findings of both Courts below , while exercising extraordinary constitutional jurisdiction, thus, finding no substance in this petition, it is hereby dismissed. The Inspector General of Police of the State of Azad Jammu and Kashmir is directed to take necessary steps to stop the running of non-custom paid vehicles in the territory of Azad Jammu and Kashmir forthwith and inquire into the matter whether the seized vehicles under section 550 Cr.P.C. have been disposed of in accordance with the procedure provided in the Code of Criminal Procedure. A copy of the order shall be sent to Chief Secretary and I.G.P for intimation, compliance and report to this Court through Registrar .