' Instant writ petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 read with section 561, Cr.P.C. Has been filed challenging the order of seizing the vehicle on 1-4-2000 under section 550, Cr.P.C.
2. Briefly stated the facts are that vehicle in question was purchased by one Abdul Malik who got it registered in his own name and thereafter sold the same through an open letter of transfer and was finally purchased by the present petitioner. The said vehicle was seized by respondent No,3 on 1-4-2000 under section 550, Cr.P.C. On the ground that Chassis number and Engine number appearing in the Registration Book did not tally with the said number appearing on the vehicle. The petitioner moved an application for Superdari of the said vehicle on 5-4-2000 before respondent No,2 who issued a notice to respondent No,3 for his report. However, the said order was not complied with, for about 26 days and finally report was submitted in the Court on 3-5-2000. The petitioner then moved another application on 9-5-2000 for seeking Superdari of the vehicle as well as for dropping of proceedings. As respondent No,2 did not pass any order on his said application so he was constrained to file the instant writ petition seeking a declaration to the effect that action of respondents Nos.2 to 4 to be declared illegal and void and proceedings initiated under section 550, Cr.P.C. Be dropped.
3. Arguments have been heard and record perused.
4. Contention of the learned counsel for the petitioner is that admittedly vehicle in question stands registered in the name of Abdul Malik who later on disposed of the same vide an open letter and finally the vehicle was purchased by the present petitioner, that the vehicle was taken into possession under section 550, Cr.P.C. Merely on the ground that Chassis and Engine number appearing in the Registration Book differed from the Chassis number and Engine number appearing on the body of the vehicle. He, however, contends that contents of Registration Book have been got verified from the Motor Registration Authority, Karachi vide report, dated 3-5-2000 which reveals that the said Registration Book has been issued by the said office containing original Chassis number and Engine number though there is some overwriting in the relevant columns of the registration book. He submits that in the light of report of Motor Registration Wing, Karachi, there remains no justification for keeping the vehicle under section 550, Cr.P.C. He, thus, submits that proceedings initiated, be dropped and vehicle be ordered to be released to the petitioner.
5. Conversely, the stand of learned Assistant Advocate-General is that since the application for Superdari was moved in the trial Court and the same has been dismissed by the trial Court vide order, dated 23-2-2000 so the petitioner should first seek the remedy provided under the law against order, dated 23-2-2000 by filing a revision petition and if he feels aggrieved he can approach this Court. He, thus, submitted that instant petition be dismissed.
6. The point, which requires determination in the instant writ petition is, if the act of respondent No,3 in seizing the vehicle under section 550, Cr.P.C. Is legal/justified or not. As per seizing report dated 1- 4-2000, the vehicle was taken into possession by respondent No,3 on the ground that Engine and Chassis number appearing in the Registration Look differ from the said numbers appearing on the body of the vehicle. After securing the said vehicle under section 550, Cr.P.C. The Registration Book was sent for its verification to the Motor Registration Authority, Karachi. The report of the same dated 3-5-2000 is available on record. This report shows that vehicle contained Chassis No,TRIEOEE 9000305684 and Engine No,2E-2056242. This report further reveals that original Registration Book has been registered in the name of Abdul Malik son of Haji Said Nazar The report further reveals that some overwriting has been made in column of Chassis and Engine number. The petitioner has placed on record open transfer letter which contains Engine number and Chassis number which tally with the Chassis number and Engine number given in the report of Motor Registration Authority, Karachi. The mere fact that there is some overwriting in the registration book, does not mean that some offence has been committed warranting the seizure of the vehicle under section 550, Cr.P.C. Now as per record the Engine number and Chassis number appearing on the body of the vehicle tally with the original Engine number and Chassis number entered in the Registration Book as per record of Motor Registration Wing Karachi. Learned counsel for the petitioner has also brought on record an affidavit of Abdul Malik son of Haji Said Nazar who is the original owner of this vehicle wherein he has categorically deposed that he had got the vehicle registered in his own name bearing Chassis No,JTIEOEE 90-00305684 and Engine No,2056242. These Chassis and Engine numbers tally with the numbers appearing on the body of the vehicle as well as in the record maintained by the Excise and Taxation Officer/Motor Registration Wing, Karachi.
7. In the light of report, dated 3-5-2000 of E.T.O., coupled with the affidavit of original owner there remains no doubt that vehicle in question is the genuine vehicle which has been purchased by the present, petitioner. The mere fact that there is some overwriting in the Chassis number and Engine number in the Registration Book does not make any difference, as the Chassis and Engine number appearing on the body of the vehicle tally with the original Chassis and Engine number, entered in the registration book, as per report dated 3-5-2000.
8. In view of the facts stated above, it is held that acts of respondents Nos.2 to 4 are declared illegal, without lawful authority and consequently writ petition is accepted and proceedings initiated under section 550, Cr.P.C. Are hereby set aside and vehicle in question is ordered to be released forthwith to the petitioner.
9. Copy Dasti, on payment of usual costs.