Law:

Section:

(a) Administration of justice--- ----No one should be knocked out on technicalities, rather controversy to be decision dated: merits while providing equivalent opportunity of being heard. (b) Criminal Procedure Code (V of 1898)--- ----Ss. 523 & 550---Constitution of Pakistan, Art.199---Constitutional petition---Seizure of property by Police---Procedure---Dispute of civil nature---Effect had purchased the car from complainant---F.I.R. lodged by complainant was disposed of by the Judicial Magistrate treating the dispute between the parties to be of civil nature---Police impounded the car from the house of petitioner---Validity---Seized car was not a stolen property and same was purchased by the petitioner in lieu of consideration from complainant---Police was not justified to seize the car---Constitutional petition was allowed---Police was directed to hand over the custody of seized car to the petitioner. (c) Criminal Procedure Code (V of 1898)--- ----Ss. 523 & 550---Constitution of Pakistan, Art.199---Constitutional petition---Seizure of property---Procedure by police upon impounding of property had purchased the car from complainant---Dispute of civil nature---Scope---Seized car had neither been forcibly snatched nor found involved in the commission of any offence and the police was not justified in seizing the same from the house of petitioner---Police did not obtain any warrant from the concerned Magistrate to enter into house of petitioner---Conduct of police officer was highly deplorable---Nobody could be allowed to enter into house, there was no reasonable ground that petitioner had committed any offence and in this regard nothing even had been brought on record---High Court directed to hand over the custody of seized car to the petitioner. 2005 SLJ 734; PLD 2009 Lah. 382; 1968 SCMR 1143 and Javed Iqbal v. Crescent Commercial Bank Ltd. PLD 2009 Lah. 382 ref. (d) Criminal Procedure Code (V of 1898)--- ----S.561-A---Inherent powers of High Court under S.561-A, Cr.P.C.---Scope---Administrative orders can be challenged before the High Court under S.561-A, Cr.P.C. Arif Ali v. The State 1983 SCMR 187 rel. THIS ORDER PASSED BY: AFTAB AHMED GORAR,…

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