Law: Criminal Procedure Code (V of 1898)

Section: 550,107,151,523

Law: Criminal Procedure Code (V of 1898)

Section: 550,107,151,523

Criminal Procedure Code (V of 1898)--- ----Ss. 523 & 550---Constitution of Pakistan (1973), Art.199---Constitutional petition---Seizure of property suspected to be stolen---Procedure by Police upon seizure of such property---Car in question in the case was neither alleged nor suspected to have been stolen---No circumstance whatsoever was available which could create suspicion of commission of offence---Bona fide civil dispute was about the vehicle between the purchaser/petitioner and the leasing Bank/respondent arising out of terms and conditions of lease-purchase agreement between them---No occasion existed for S.H.O. concerned to seize the vehicle till resolution of their said dispute---Seizure of vehicle being in utter disregard of the mandate of S.550, Cr.P.C. was amenable to judicial scrutiny in exercise of constitutional jurisdiction of the High Court--S.H.O. had adopted self-styled procedure over and above the law---Under S.523, Cr.P.C., S.H.O. was duty bound to report seizure of the car to the area Magistrate without wasting a single moment so that the Magistrate could make an appropriate order regarding the disposal of the car or the delivery of the seized car to the person entitled to its possession---Magistrate was legally bound to quash the proceedings conducted by the S.H.O. being offensive to Ss.550 & 523, Cr.P.C. and to return the car to his purchaser from whose possession it was seized by the S.H.O.---Impugned orders being arbitrary, perverse, illegal and offensive to the established principles governing the subject of seizure of movable property by the Police and its disposal, could not be allowed to hold the field---Impugned orders were set aside by the High Court with direction to the local Police to hand over the vehicle to the purchaser/the petitioner. JUDGMENT KAZIM ALI MALIK, J.---I propose to dispose of Writ Petition No.2922 of 2005 and Writ Petition No.3321 of 2005 together through this single judgment as subject-matter in both these petitions is the same. 2. Brief facts giving rise to these constitutional petitions may be given first: Javaid Iqbal, petitioner obtained a car registration No.IDK-3996 Toyota Corolla, Model 2001,…

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