The grievance of Abdul Phafoor petitioner is that he is the owner of Motor Car No. LHD-6418 Toyota Corolla Model 1976 which has been taken into possession by the S.H.O. Police Station Fatehpur, District Layyah and Malik Sher A.I, A.S.I., Police Station Mankera, District Bhakkar. He prayed for the return of the aforesaid Car alongwith the Registration Book.
2. During the processing of this matter Abdul Majid made the application to be impleaded as a party. His contention is that he made sale of the aforesaid Car No. LHD-6418 to Manzoor Al-Maruf Kaka on instalments who did not pay the same and disappeared.
3. The stand of the police is that the Car was taken into possession under section 550 of the Code of Criminal Procedure.
4. I have heard the learned counsel for the parties as well as learned Assistant Advocate-General.
5. There is no need to discuss the deeper merit of the case. The authority under section 550 of the Code of Criminal Procedure can be exercised by the police by seizing 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. Without prejudice it can be expressed that the dispute revolves around the ownership of Car No.1HD 6418. The same could not be taken into possession under I section 550 of the Code of Criminal Procedure. The police has coined a device to settle the dispute of civil nature of the instant category by projecting its authority. The contesting parties can get determined their ownership from the competent Court. The police has no jurisdiction to decide, the dispute about the ownership of the Car.
6. Consequently, I accept this application and pass the order that the Car alongwith the Registration Book shall be returned to Abdul Ghafoor. Altaf Hussain, S.I./S.H,O., Police Station, Mankera, District Bhakkar has handed over the key of the Car and the Registration Book to Abdul Ghafoor petitioner who is satisfied. He has gone out, checked the Car and has arrived back.
7. This writ petition stands disposed of in the aforesaid terms.