' Through this petition filed under section 561-A, Cr.P.C. Muhammad Amir Khan son of Razadah, Caste Wazir, resident of Kani Rogha Manzat Khel, P.O. And Tehsil Dattakhel, Miran Shah, North Waziristan Agency, seeks the abashment of order, dated 15-10-1997 recorded by the Sessions Judge, Bannu. Mr. Abdul Sattar Khan. Vide the impugned order, the Sessions Judge had granted the custody-of Truck Model 1975 bearing registration No,GL/TA-632 to Malik Salahuddin son of Muhammad Sadiq resident of House. No,1118, "D" Type Colony, Muhammadi Chowk, Faisalabad/respondent No,1, on Superdari subject to his furnishing bail bonds in the sum of Rs,3,00.000 (Rupees three lacs) with two sureties each in the like amount to the satisfaction of Illaqa/Duty Magistrate, in the light of the compromise effected between respondent No,1 and Noor Jehan respondent No,2.
2. It is not necessary to give the brief facts of the case here as the same have been given, elaborately, by the Sessions Judge in the order impugned.
3. Truck bearing Registration No,GLTA-632, Model 1975 was required in case F.I.R. No,65, dated 6-2- 1997, registered at Police Station Mandan, Bannu, under section 407/419/420/468/471, P.P.C. It was ordered to be handed over to respondent No,1 (Malik Salahuddin) by the Sessions Judge, Bannu, Mr. Abdul Sattar Khan, on "Superdari", vide order, dated 15-10-1997. This order of the Sessions Judge was, however, not complied with by the police officials of Police Station Mandan, District Bannu and the truck in question was impounded by the police officials of the same police station in case registered by F.I.R. No,215, dated 25-8-1997.
4. Petitioner Muhammad Amir then filed an application before the Civil Judge/Judicial Magistrate (Mr. Kalim Arshad) for the "Superdari" of the said truck who allowed the said application and the truck was handed over to him.
5. It is indeed most regrettable that all this was done by the police/Judicial Magistrate, Bannu, knowing fully well that the order of the Sessions Judge, Bannu, dated 15-10-1997 was still in the field and had not been set aside by any competent forum i,e, High Court vide, which he had ordered that the vehicle in question should be delivered to Malik Salahuddin respondent No,1...
6. This necessitated the filing of another application by respondent No,1 which was then marked to Additional Sessions Judge, Bannu, Sahibzada Khurshid Ahmad for disposal. The Additional Sessions Judge, after hearing the learned counsel for the parties, passed the impugned order, dated 7-10- 1998 vide which he set aside the order of Judicial Magistrate/Civil Judge, Bannu, dated 27-1-1998 regarding the Superdari of the truck to the petitioner holding that the same was not sustainable. He then directed the local police to get the truck back from the petitioner i,e,, Muhammad Amir Khan, and to hand over the same to respondent No,1 Malik Salahuddin on Superdari in accordance with order of the Sessions Judge, Bannu recorded on 15-10-1997, physically.
7. Hence this petition for abashment of the order of the Sessions Judge, Bannu.
8. I have hzard the learned counsel for the parties and the learned Assistant Advocate-General for the State and have also gone through the record of the case carefully.
9. It may be stated at the very outset that when the learned counsel for the petitioner was asked as to what right he had to get the physical possession of the truck in question, he stated that the petitioner was the owner of the truck as he had become its owner vide Annexure "G". Perusal of Annexure "G" would show that it is a photo copy of a "Transfer Letter" which is addressed to the Registration Authority of some District as the name of the District has not been mentioned in it.
Beside this, the transfer letter does not contain any date. However, it has been allegedly signed by respondent No,1/Malik Salahuddin. I am afraid such like documents (transfer letters) do not confer any title. Secondly, section 32 of the Motor Vehicle Ordinance provides that the transfer of ownership must be reported to the Registering Authority within 30 days, along with original Registration Book, who shall then transfer the ownership of the vehicle by making necessary entries in the Registration Book. For the sake of convenience, section 32 of the said Ordinance is reproduced:-- Transfer of Ownership
(1) Within thirty days of the transfer of ownership of any motor vehicle registered under this Chapter, the transferee shall report the transfer to the Registering Authority within whose jurisdiction he ordinarily resides and shall forward the certificate of registration of the vehicle to that registering authority together with the prescribed fee in order that particulars of the transfer of ownership may be entered therein.
(2) A registering authority other than the original registering authority making any such entry shall communicate the transfer of ownership to the original registering authority.
(3-A) ................................................................................
10. Accordingly, after having obtained the "Transfer Letter", mentioned above, the petitioner was bound/required by law to get the truck transferred in his name. He, however, did not do that. On the other hand, the photo copy of the Registration Book placed on file would show that initially the truck was registered in the name of Messrs Nisar Ahmad son of Abdul Razzaq, that later on it was transferred in the name of respondent No,1 (Malik Salahuddin) and one Mst. Rashida Bibi. Since the truck has been handed over to respondent No,1, Malik Salahuddin, whose name finds mention in the registration book as one of the owners, therefore, in the circumstances, the petitioner has no right to get its possession on "Superdari". The order of the Sessions Judge is neither perverse nor arbitrary and, therefore, needs no interference by this Court at all. This petition under section 561-A, Cr.P.C. Is without any substance and is accordingly dismissed.