' SARDAR MUHAMMAD RAZA, ? A Truck No,MR-1696 stands taken into possession by the Police of Havelian apparently under section 523/550, Cr.P.C. Riasat Khan son of Khushal Khan claimed to be the owner thereof but the delivery of truck was refused to him on Supercar and hence he has come to this Court invoking its Constitutional jurisdiction under Article 199 of the Constitution.
2. After hearing both sides at length, and specially Mian Inayat-urRehman, the S.H.O., Police Station Havelian, we have come to notice that the truck in question was recovered by the police from Village Langra and hence was kept in custody with reference to the provisions of section 523/550, Cr.P.C. On the one hand the aforesaid sections are applied to the recovery and on the other hand it is claimed that the truck is the ownership of one Muhammad Saleem who is an absconder in some murder case.
3. If the police is definite about the title of the truck, we have no hesitation in concluding that it is neither a stolen property nor a property used in the commission of offence and hence the application of section 523/550, Cr.P.C. Is utterly illegal. The recovery being illegal and without jurisdiction, the question arises as to whom the delivery should be given pending the dispute.
4. Riasat Khan claims to be the purchaser of the truck from the aforesaid absconder Muhammad Saleem many months prior to even the commission of the murder attributed to Muhammad Saleem. He has open transfer letter in his possession. Against this evidence there is nothing in rebuttal with the State except the argument that the registration of MR-1696 pertains to a Bus and not a Truck with the Motor Registration Authority at Mardan.
5. To the last objection of the State the learned counsel for the petitioner alleged that it was no doubt a bus initially registered in the year 1964 but was subsequently converted into a truck in the year 1993 in accordance with the procedure provided therefor. In this behalf as well, he has a few documents in his possession and so the matter should better be decided in a forum before which the question of title arises. In that case as well, it cannot be kept in custody under section 523/550, Cr.P.C.
6. Last is the stance of the police that the truck in fact belongs to Muhammad Saleem an absconder. Although the S.H.O. Was not very clear on the reason that the truck is taken into possession because it belonged to an absconder yet from the conduct of the police it appears to have been taken into custody under such impression. Even if it is kept in custody under such impression and even if the truck still belongs to Muhammad Saleem, the police cannot acquire the possession thereof without obtaining a warrant under section 88, Cr.P.C. It is admitted at the bar by the learned A.A.-G. As well as the S.H.O. That no such warrant has so far been obtained. The recovery is unlawful on that score as well.
7. As the vehicle No,MR1696 is not a stolen property and as it apparently belongs to the petitioner Riasat Khan, it is directed to be handed over to him on his furnishing a bond in a sum of Rs,3,00,000 with two sureties to the satisfaction of Deputy Registrar of this Court and on his undertaking that he would produce before the Court whenever required and also produced before the Court whenever an owner with a better title comes up with a claim. The writ petition is accepted accordingly.