' MUHAMMAD MUNIR KHAN, J.---This petition is directed against the order dated 14-9-1994 of the Lahore High Court, Rawalpindi Bench, Rawalpindi, whereby a Writ Petition filed by Muhammad Waseem Khan, petitioner, for the quashment of F.I.R. No,300 dated 2-7-1994 of Police Station Ganjmandi, Rawalpindi, under section 3/4 of Hoarding and Profiteering Act, 1977 and 2, 3-B of the Hoarding and Black marketing Act, 1948, and for the delivery of the G.C.P. Banaspati Ghee Tins to him, was dismissed.
2. The facts, briefly stated, are that on 2-7-1994, Mr. Arif Hussain Bokhari, Magistrate First Class (respondent No,3) conducted raid on the Store in occupation of Sh. Abdul Karim (respondent No,4) and recovered 6947 tons of G.C.P. Banaspati Ghee weighing 5. k.g. Each. F.1.R. No,300 was registered against Sh. Abdul Karim (respondent No,4) at the Police Station Ganjmandi. Muhammad Waseem Khan (petitioner), claiming himself to be an owner of the Ghee tins recovered from the store, filed a Writ Petition in the Lahore High Court, Rawalpindi Bench, Rawalpindi, praying for the quashment of the F.I.R. And the restoration of Ghee tins to him. The High Court was of the view that the petitioner who was not an accused in the case had no locus standi to file a Constitutional petition. The petition was, therefore, dismissed as misconceived.
3. While conceding that the petitioner is neither named as an accused in the F.I.R. Nor is required as such by the Police, the learned counsel for the petitioner submitted that the G.C.P. Tins seized by the Magistrate belonged to the petitioner and were recovered from a Store which was in the physical possession of the petitioner and not of Sh. Abdul Karim accused, and that the petitioner is only interested in the restoration of Ghee tins to him.
4. After hearing the learned counsel for the petitioner we find that since the petitioner is neither named as an accused in the F.I.R. Nor is required by the Police in the case, so he is not an aggrieved party within the meaning of Article 199 of the Constitution of the Islamic Republic of Pakistan; and that for the restoration of Ghee tins, adequate remedy is provided under section 516-A of the Criminal Procedure Code. The petitioner may approach the Court concerned for the restoration/Superdari of Ghee tins, if so advised. It is for the trial Court to determine the question of the ownership of G.C.P. Ghee tins and the physical possession of the Store wherefrom the Ghee tins were recovered. No case of interference with the impugned order is made out.
5. Accordingly, leave to appeal is refused.