Law: Provincial Motor Vehicles Ordinance (XIX of 1965)

Section: 23(4),25,43

Law: Khyber Pakhtunkhwa (Road Checking, Seizing and Disposal of) Motor Vehicle Rules, 2015

Section: 7,8

Provincial Motor Vehicles Ordinance (XIX of 1965)--- ----Ss. 23(4), 25 & 43---Khyber Pakhtunkhwa (Road Checking, Seizing and Disposal of) Motor Vehicle Rules, 2015, Rr. 7 & 8---Seizure of vehicle---Tampered chassis number---Petitioner claimed to be owner of vehicle in question which was seized from his son on account of having tampered chassis number---Plea raised by petitioner was that he was entitled to custody of vehicle in question---Validity---According to registration authority, registration number of vehicle in question was genuine, however, as per Forensic Science Laboratory report, its chassis number was found deciphered---High Court declined to hand over custody of vehicle in question to petitioner as same would amount to issuance of license of court for plying a tampered and unauthorized vehicle on road---Excise and Taxation authorities were bound under R. 8 of Khyber Pakhtunkhwa (Road Checking, Seizing and Disposal of) Motor Vehicle Rules, 2015 to proceed with the case and should have confiscated vehicle through speaking order followed by open auction through 'Auction Committee'---High Court deprecated that vehicle was seized on 12-09-2013 but proceedings had yet not been completed; since year 2013 till date, seizing officer along with warehouse officials did not move a step ahead in the case---Fate of vehicle in question was purposely left undecided---Neither vehicle was parked in safe place nor dealt with in accordance with mandatory provisions of Khyber Pakhtunkhwa (Road Checking, Seizing and Disposal of) Motor Vehicle Rules, 2015---Constitutional petition was dismissed in circumstances. THIS JUDGMENT DELIVERED BY: ROOH-UL-AMIN KHAN, J.--- By invoking the constitutional jurisdiction of this Court under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, Ali Bahadar, the petitioner, seeks issuance of an appropriate writ directing the respondents to hand over/return Toyota Pickup Hilux Double Cabin bearing Engine No.2L-9148487, chassis No.LN85-703491 and registration No.6457 (to be referred hereinafter as "the vehicle in question") to him unconditionally. 2. He averred in his writ petition that the vehicle in question,…

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