| Citation(s) |
|---|
| 2017 SLG 1997 2017 SLD 1997 2017 MLD 500 |
Peshawar High Court
Cr. MQPs Nos. 107-P and 118-P of 2016, decision & hearing Date : 18-11-2016.
IKRAMULLAH KHAN, JUSTICE
Saghir Iqbal Gulbela for Petitioner. Arshad Ahmad Khan A.A.G. for the State. Hussain Ali for
Respondent (in Cr. MQP 118-P of 2016).
Cr. MQPs Nos. 107-P and 118-P of 2016, decision & hearing Date : 18-11-2016.
IKRAMULLAH KHAN, JUSTICE
Saghir Iqbal Gulbela for Petitioner. Arshad Ahmad Khan A.A.G. for the State. Hussain Ali for
Respondent (in Cr. MQP 118-P of 2016).
DUBAI ISLAMIC BANK (PVT.) LTD. THROUGH RECOVERY OFFICER
VS
THE STATE AND ANOTHER
Law: Criminal Procedure Code (V of 1898)
Section: 561-A,523,550
Law: Financial Institutions (Recovery of Finances) Ordinance, 2001
Section: 16(3)
(a) Criminal Procedure Code (V of 1898)--- ----Ss. 561-A, 516-A, 523 & 550---Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001), S. 16(3)---Car financing---Default in payment of installments of lease money---Recovery/re-possession of car by Agent of Leasing Company/Bank---Quashing of order, application for---Interim custody of car---Scope---Customer committed default in payment of the agreed instalment---Bank/petitioner seized the vehicle and gave to the local police---Local police took the said vehicle into possession under Ss. 523/550, Cr.P.C.---Contention of customer was that he was bona fide purchaser of the said vehicle and entitled to get the interim custody of the vehicle---Validity---Local police was not authorized to take over the possession of any movable property seized by the Financial Institution from any customer in terms of S.16(3) of the Financial Institutions (Recovery of Finances) Ordinance, 2001---If Financial Institution transgressed its authority as conferred upon it in terms of S.16(3) of Financial Institutions (Recovery of Finances) Ordinance, 2001, in matter of direct power of recovery, such institution would be liable for the consequences as provided by the Ordinance----Local police was directed by High Court to hand over the vehicle to the person, who had handed it over to the police---Petition for quashment was dismissed in circumstances. (b) Criminal Procedure Code (V of 1898)--- ----Ss. 561-A, 516-A, 523 & 550---Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001), S. 16(3)---Car financing---Default in payment of instalments of lease money---Custody/re-possession of car by Agent of Leasing Company/Bank---Quashing of order, application for---Court in exercise of its criminal jurisdiction under S.516-A, Cr.P.C., may order for custody and disposal of property pending trial of criminal case, where any property regarding which any offence appeared to have been committed or which appeared to have been used for commission of any offence---Vehicle in question was not subject matter of any offence within the meaning of Penal Code, 1860, petition for quashment was dismissed in circumstances. THIS…
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