| Citation(s) |
|---|
| 2026 SLD 3482 |
ICA No.236-2023
Presented By: (MIANGUL HASSAN AURANGZEB) JUDGE (ARBAB MUHAMMAD TAHIR) JUDGE
Appellant by : Sardar Abdul Raziq Khan, Advocate. Mr Irfan Javed Abbasi, Advocate. Sh. Moazin Rashid, Advocate. Sardar Shahbaz Khan, Advocate. Mr Umair Shafiq Mughal, Advocate.
Respondents by : Mr Hazrat Younus, State Counsel. Mr Tahir Kazmi, Head Law Officer, for ICT Police. Mr Shafqat Faiz, SHO P.S. Kohsar. Mr Talha ASI/I.O. with record. Date of Hearing : 30.08.2023.
Sheikh Rasheed Ahmed
VERSUS
SHO Police Station Kohsar, Islamabad & others
Law: Constitution of Pakistan 1973
Section: 199
Law: Pakistan Penal Code (PPC),1860
Section: 109, 147, 149, 188, 186, 353, 341
Law: Code of Criminal Procedure, 1898
Section: 550, 87 & 88, 89, 516-A, 144
Summary
The appellant challenged the dismissal of his writ petition concerning the seizure of his two bulletproof vehicles by Police Station Kohsar during a raid conducted to arrest him in an FIR relating to political protests. Although the appellant had been nominated only later through a supplementary statement for the offence of abetment under Section 109 PPC, he was not present at the protest, and the vehicles were never alleged to have been used in the commission of any offence.
The police seized the vehicles under Section 550 Cr.P.C. after failing to arrest the appellant. Although the Judicial Magistrate ordered release of the vehicles on superdari, the police refused to return them. Subsequently, the police attempted to justify the seizure by declaring the vehicles "case property."
The Islamabad High Court held that Section 550 Cr.P.C. permits seizure only of stolen property or property connected with the commission of an offence. Since the vehicles were neither stolen nor used in the alleged offence, and no attachment proceedings under Sections 87 and 88 Cr.P.C. had been initiated, the seizure was without lawful authority. The Court ruled that the police unlawfully used seizure as a means to pressure the appellant to surrender.