1. ' By the application the applicant has sought release of the property i,e, Oil Tanker bearing No,GLT- 8917 being subject-matter of the Crime F.I.R. No,34 of 2001 registered with Police Station Ghouspur, District Jacobabad.
2. ' The brief prosecution story as given in the F.1.R. Is that on 26-5-2001 at 11-45 a m. Complainant A.S.-I. Mumtaz Ali Siyal of Police Station Geehalpur set the law into motion on behalf of the State, alleging inter alia that he alongwith other subordinate constables namely P.C. Mevo Khan and P.C.
3. Saith Ali left police station vide Entry No,18, dated 25-5-2000, proceeded in a Government Vehicle No,SP-4575 driven by Police Constable Abdul Subhan for the purpose of patrolling on road within the local limits of Police Station Ghouspur, District Jacobabad. During patrolling the complainant received spy information that an Oil Tanker had proceeded to Parco Pipe Line near Village Abdul Hakeem Khan Bijarani in order to get fuel. After receipt of such information the complainant party at 1-30 hours took P.C. Manzoor Ahmed from Raja Curve Picket for help. It is alleged that at 2 a.m.
4. Night they reached near Village Abdul Hakeem Khan Bijarani at Parco Pipe Line when they found that an Oil Tanker was parked near the pipeline whereas three unidentified culprits were digging pipeline. The complainant party at once alighted from the vehicle and informed them about the police and directed the accused to raise their hands. On this all the three accused persons fired from their T.T. Pistols with an intention to kill. The complainant party also fired in retaliation upon the accused persons and thereafter they took refuge and subsequently boarded in the Oil Tanker and started running. The complainant party followed them up to one kilometer but thereafter the accused persons left the Oil Tanker and decamped towards southern side taking the advantage of darkness. The culprits while escaping fired in the air. The complainant party thereafter verified the number of Oil Tanker which was GLT-8917. They left P.C. Manzoor Ahmed with Oil Tanker for keeping guard around it and the complainant alongwith other subordinate staff traced foot-prints of the culprits on the light of torches which led them towards Katcha via main road. On the following morning the foot-prints were traced in presence of the Foot Tracker, Atta Muhammad Jaffri but the same disappeared at some distance due to jungle. The complainant party returned back to police station where they lodged the F.I.R. Alleging therein that the abovementioned three unknown accused persons attempted to commit theft of accused on the Parco Pipe Line and in all three accused persons fired upon them with an intention to kill them by criminal force and to deter them.
5. The complainant party had seen the culprits and claimed to identify when brought before them.
6. The complainant had stated to have fired 30 bullets from his SMG. The investigation followed and in due course on 27-11-2000 the investigation of the case was concluded in the following term:-- "No,PB/32 JCD, dated 27-11-2000 S.H.O. Police Station G.Pur.
7. ' Subject: Scrutiny of case Crime No,34 of 2000 under sections 324, 379, 511, P.P.C. Of Police Station G.
8. Pur ' Order of the Superintendent of Police Jcd.
9. ' The case should be disposed as untraced A Class.
10. (Sd.) S.P. Jcd."
11. ' It has been contended by the learned counsel for the applicant that more than one year has elapsed but the charge-sheet, interim or final has not yet been submitted. It has also been contended that the applicant is the original/real owner of the property in question and that none else had appeared to substantiate the claim of its ownership.
12. ' It has also been argued by the learned counsel that his client is a very poor man and the sole bread winner of his family and had no other source of income excepting the Tanker. It has been further stressed that the property requires daily maintenance and lubrication which is not being carried out at the police station but on the contrary the same is being misused. The counsel has also shown an apprehension that there are ample chances regarding change of engine or extra parts of the Tanker at the hands of police as the property is lying at the police station without any protection. He further stressed the need that the applicant/owner will sustain an irreparable loss if the application prayed for is not granted. In the end he argued that the applicant undertakes to produce the property as and when required by the learned trial Court. On all these scores the learned counsel states that under the given circumstances the property may kindly be restored to the owner/applicant.
13. ' On the other hand Mr. Abdul Fatah Mughal, learned Advocate on behalf of the State concedes to the arguments of the learned counsel for the applicant and raises no objection if the alleged Oil Tanker is restored to the applicant.
14. I have given my anxious consideration to the arguments of the respective parties and have also come across the police file. Obviously the applicant is owner of the Oil Tanker for which he has produced P.S. Copy of the Registration Book being attested by counsel for the applicant which is annexed alongwith the application as Annexure "D". The case is old for more than a year and charge-sheet, interim or final has not yet been submitted. The alleged Tanker is at the police station in an open space without any shade or cover and it will go bad and rusty if the same is allowed to be at police station for an indefinite period. The diary, dated 27-11-2000 shows an order passed by S.P. Jacobabad to the effect that the case should be disposed of as untraced "A" class.
15. In this background it would be in the fitness of things if the property is restored to its original owner with the direction that he should produce the property in Court as and when required by the trial Court. In the circumstances, I am of the opinion that the alleged Oil Tanker bearing No,GLT-8917 be restored to its original owner namely Haji Gul Wali Khan Pathan provided he furnishes surety in the sum of Rs,5,00,000 and P.R. Bond in the like amount to the satisfaction of the Additional Registrar of this Court. The applicant is directed to produce the Oil Tanker in Court as and when it is directed for the purpose of investigation/trial. With this observation Criminal Miscellaneous Application No,127 of 2001 stands disposed of.