' Briefly stated the facts are that on 27-4-1995 the petitioner purchased a Jeep Land Cruiser Model 1996 from the Show Room namely Super Cars, Multan in the name of Muhammad Irshad son of the petitioner. The said vehicle was secured by Police Station Qureshi Wala Tesh ' Lodhran vide F.I.R. No, 97 of 2000, dated 16-5-2000 under sections 468/466/471/420, P.P.C., However, after due investigation it was found that the said vehicle contained genuine chassis number and engine number. The petitioner then applied for the registration of the said vehicle with the Excise and Taxation Officer. Bahawalpur. The respondents Nos.1 and 2 directed the petitioner to deposit the requisite fee for registration. Accordingly the requisite fee was deposited vide challan in the bank.
Even thereafter the vehicle was not registered in the name of the petitioner and as such the petitioner was constrained to file the instant writ petition seeking a direction in the name of respondents Nos.1 to 3 for the issuance of registration book of the said vehicle.
2. The comments of respondents Nos.1 and 2 were called which have been brought on record.
During the pendency of the instant writ petition the respondents insisted that unless and until the vehicle is got checked from Forensic Science Laboratory, registration book cannot be issued in favour of the present petitioner. Accordingly vide order, dated 22-2-2001 the petitioner was directed to produce the vehicle in the office of respondents Nos.1 and 2 or producing the same for its examination in Forensic Science Laboratory, Lahore. Accordingly the vehicle was produced in the said laboratory. As a result of examination by the Forensic Science Laboratory, Lahore, it has been found that it contained its genuine and original chassis number as well as engine number. After the receipt of said certificate registration bearing No,BRG-9993 has been issued in favour of the petitioner.
3. The stand of the petitioner is that the vehicle did not contain any tampered engine and chassis number and even then his vehicle was not registered as he failed to grease the palm of respondents Nos. 1 and 2. This contention of the petitioner, however, stands controverted by the learned counsel for the respondents.
4. A perusal of the record reveals that initially the vehicle was taken into possession by Police Station Qureshi Wala, Tehsil Lordhran and consequently F.I.R. No,97 of 2000, dated 16-5-2000 under sections 420/468/466/471, P.P.C. Was registered. During the investigation of that case the vehicle was secured by the petitioner on Superdari. It is also evident from the record that as a result of investigation conducted by police of Police Station Qureshi Wala, Tehsil Lodhran, it was found that the vehicle contained a genuine chassis number as well as engine number. A certificate to that effect was also issued by the S.H.O. Police Station Qureshi Wala and produced before the respondents. The respondents Nos.1 and 2 instead of. Proceeding the matter in accordance with rules and registration insisted that the vehicle be produced for getting examined from Forensic Science Laboratory, Lahore.
5. It is very strange that the vehicle was taken into possession on the pretext that it contained tampered chassis engine number and the petitioner got the vehicle cleared and was consequently granted the Superdari by a Court of competent jurisdiction. Again the same objection was raised by the respondents Nos.1 and 2 and they insisted that vehicle be produced before them for its inspection from the Forensic Science Laboratory, Lahore. This conduct of respondents Nos. 1 and 2 is a clear cut example of misusing their authority.
6. Since the registration book has now been issued in favour of the petitioner on the basis of the certificate issued by Forensic Science Laboratory, Lahore, so the instant petition is disposed of having borne fruit. However, the .Respondent No,1 (Rana Intikhab) and respondent No,2 (Anwar- ulHaq) are burdened to pay Rs,1,000 each as a token of cost.
7. Let a copy of this order be sent to the Commissioner, Bahawalpur Division, Bahawalpur for information and to the District Accounts Officer, Bahawalpur for its compliance.