Case Details

Citation(s)
2021 SLG 514 2021 SLD 514 2021 PLJ 106
Peshawar High Court
Crl. M. (Q.P.) No. 26-M of 2020, decided on 28.9.2020, Dateof hearing: 28.9.2020.
ISHTIAQ IBRAHIM, JUSTICE
Mr. Javid Ahmad, Advocate for Petitioner.Mr. Razauddin Khan, A.A.G for State.

MUHAMMAD ZADAVSSTATE THROUGH ADDITIONAL ADVOCATE GENERAL AND 2 OTHERS

Law: Criminal Procedure Code (V of 1898)

Section: 156(3),523,550

Criminal Procedure Code, 1898 (V of 1898)-- ----Ss. 156(3), 523 550--Shariah Nizam-e-Adl Regulation 2009, Para 10(8), Petition for return of non-custom paid vehicle--During ensuring inquiry and examination of vehicle through FSL, Chassis number was found some but chassis sheet piece was found welded and refitted, tampered and re-stamped--Playing of illegal vehicles on road-Dismissal of applications by the Courts below--Assailing of--Question arises whether such vehicles can be allowed to ply on roads?--Answer is obviously No. [P. 114] A Motor Vehicle Ordinance, 1965 (XIX of 1965)-- ----Ss. 23, 32 33--Use of vehicle--registered or non-registered--Specified period of time--Non-transferring in names of purchaser--Every owner is bound to transfer vehicle within 30 days of its purchase. However, in none of these cases pertaining to registered vehicles, law has been followed. It has also been observed that this provision of law is not normally followed by a lot of people in country. Even concerned authorities are not taking care of same which subsequently creates troublesome issues for owners of vehicles as well as concerned authorities. According to section 33 of ibid Ordinance, any alternation effected in vehicle is required to be reported within 14 days to authority in whose jurisdiction owner resided and authority where such altercation has to be entered into, however, no such question would be under consideration. [P. 116] B C Superdari-- ----Non-Custom Paid vehicles, Playing of NCP vehicles due to certain exemptions is not illegal, however, tampered, welded refitted for re-stamped chassis plate would be considered on same touchstone as that of custom paid /registered vehicles. [P. 116] D Duty of Police-- ----Police is not required to find out that who has tampered vehicle because it is not act of an ordinary person and purchaser is required to take due care at the time of purchase of vehicle. [P. 117] E 2009 SCMR 226, 2019 Y.L.R. 622, 2020 SCMR 1410 ref. Order Ishtiaq Ibrahim, J.--This single order is aimed to dispose of instant petition as well as the connected petitions, as similar questions of law and facts are involved in all the petitions. The details of…
🔒
Continue readingLogin or create an account to access the complete content.Login / Register

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492