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2002 P Cr. L J 1104

KABIR HUSSAIN vs THE STATE

Citation2002 P Cr. L J 1104
CourtSupreme Court of Azad Jammu and Kashmir
Case No.Criminal Appeal No,23 of 2001
Date2001-12-31
Judge(s)Sardar Said Muhammad Khan, Khawaja Muhammad Saeed
ResultAppeal dismissed

' KHAWAJA MUHAMMAD SAEED, J.--- This appeal, with the leave of the Court, is directed against the judgment of the High Court passed on 20-4-2001, whereby the revision petition filed by the appellant against the order of S.D.M., Mirpur, dated 14-2-2000, was dismissed.

2. Relevant facts are that Pajero No,5110 A.C. Was under the use of the appellant, when it was seized by the Mirpur Police in exercise of the powers contained in section 550 of Cr.P.C. The appellant moved an application for the restoration of custody of the said vehicle before the S.D.M., Mirpur who dismissed the application vide his order, dated 14-2-2000. A revision was filed before the High Court by the appellant on 16-2-2001, however, his revision was also dismissed by the High Court vide order under challenge, dated 20-4-2001. With the leave of the Court this order has been assailed before us in the present appeal.

3. Mr. Muhammad Yunus Arvi, the learned counsel for the appellant, raised only one point that nobody except his client up to this time has claimed the ownership of this vehicle, therefore, the police had no jurisdiction to seize this vehicle under section 550 of Cr.P.C. According to him, the Courts below have also committed an error in law in maintaining the actions of the Police.

4. On the other hand, Sardar Muhammad Razziq Khan; the learned Additional Advocate-General, supported the order under challenge.

5. We have heard the learned counsel for the parties and gone through the record of the case.

From the record it is clear that the custom of the vehicle which has been seized by the Mirpur Police has not been paid as is clear from the report in response to the letter of Superintendent of Police, Mirpur by the Government of Pakistan Appraisement Collectorate Custom House, Karachi. Even its registration papers are fake and it was being used under a fake registration number. Prima facie in the light of these allegations the police was justified to seize the Pajero which was under the use of the appellant. The scope of section 550 of Cr.P.C. Is wide enough. Under this provision of law a Police Officer is competent to seize 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. The vehicle in discussion in the light of the record available with us was under use on forged registration papers, more over its customs duty has not been paid up to this time. In these circumstances the learned Judge in the High Court was justified in law in maintaining the order passed by S.D.M., Mirpur on 14-2-2000.

' This appeal in view of above, having no force is dismissed.

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