Law:

Section:

Criminal Procedure Code (V of 1898)--- ----Ss. 550, 516-A & 369---Constitution of Pakistan (1973), Art.199--Constitutional petition---Temporary custody of car ---S.H.O. had seized the car in question from the possession of the petitioner under S.550, Cr.P.C.---Despite the orders passed by Assistant Commissioner and the District Magistrate granting temporary custody of the car to the petitioner, S.H.O. did not hand over the car to him---Effect---Held, both the said orders having not been set aside were still holding the field and the District Magistrate under the Police Act, 1861 and the Police Rules, 1934 had vast powers to get the same executed--Said orders even could not be reviewed and recalled by the aforesaid Executive Officers under 5.369, Cr.P.C.---Order passed by District Magistrate allowing temporary custody of the car to the petitioner was directed by the High Court to be executed accordingly. JUDGMENT In this matter Car No.KK-1875 was taken into possession on 18-7-1998 in Cantt. Bazaar, Multan under section 550 of the Code of Criminal Procedure by Mian Tanveer Ahmad, S.H.O. Police Station Cantt., Multan while the same was in possession of Allah Ditta petitioner. An application to get the same on temporary custody was granted by the Assistant Commissioner City, Multan on 20-7-1998, but the car was not delivered to him in spite of the order placed before the said S.H.O. According to the petitioner he made another application on 16-10-1998 before the District Magistrate, Multan/respondent No.l who passed the order in his favour on 20-10-1998 for temporary custody of the car which has not been executed in spite of the fact that many efforts have been made and that even the` contempt proceedings were initiated by the District Magistrate, Multan against the S.H.O., Police Station Cantt., Multan. 2. A perusal of the file has made out that the Assistant Commissioner, City Multan passed the order on 20-7-1998 for his handing over the temporary custody of Car No.KK-1875 to Allah Ditta petitioner. The same was not complied with. The District, Magistrate also passed the order on 20-10-1998 on the application filed by the petitioner for handing over the…

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