Law: Provincial Motor Vehicles Ordinance, 1965

Section: 33

Provincial Motor Vehicles Ordinance (XIX of 1965)--- ----S. 33---Seizure of altered vehicle---Welded and refitted chassis frame--- Excise and taxation department seized the subject vehicle as on forensic examination it was found to have a welded and refitted chassis frame--- High Court set-aside the seizure order and directed the department to hand over the vehicle to the respondent (owner)---Held, that S. 33 of the Provincial Motor Vehicles Ordinance, 1965 did not distinguish alteration in the motor vehicles in any manner whatsoever---Any alteration effected in the vehicle was required to be reported within 14 days to the authority in whose jurisdiction the owner resided and the authority was required to issue a certificate of registration of the subject vehicle to the concerned authority where such alteration had to be entered into---No such exercise was undertaken in the present case conceded that such alteration was not carried out by him but by the person from whom he had purchased the vehicle---Liability and responsibility vested on the person making such alteration in any manner whatsoever---If the respondent had purchased the vehicle without taking due care and complying with the requirements of law, he could not claim to be a bona fide purchaser could claim damages from the person from whom he purchased the subject vehicle---Petition for leave to appeal was converted into appeal and allowed and impugned order of High Court was set aside. Sultan Muhammad v. Collector Customs and another 2015 PTD 570 ref. THIS ORDER PASSED BY: MUSHIR ALAM, JUSTICE:---.--- The petitioners, Government of Khyber Pakhtunkhwa through Secretary Excise and Taxation Department, Civil Secretariat, Peshawar and others, have impugned judgment dated 14.11.2019, passed by learned Division Bench of the Peshawar High Court, Peshawar, in W.P. 362-P/2019, whereby the orders passed by the authorities seizing the subject vehicle were set aside. 2. Precise facts giving rise to the present controversy are that the subject vehicle bearing registration No.SGF-2992, Model No.1989, having Chassis No.LN85-0010554, was seized on 27.01.2017. On forensic examination, it was found "welded and…

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