Monday, 23 June 2014

Quashment Petition in case of Tempered Vehicle

PLJ 2013 Cr.C. (Peshawar) 813
Present: Shah Jehan Khan Akhunzada, J.
IFTEKHAR ALI--Petitioner
versus
STATE, etc.--Respondents
Crl. Petition (Q) No. 256-P of 2013, decided on 19.6.2013.
Criminal Procedure Code, 1898 (V of 1898)--
----S. 561-A, 523 & 550--Quashment petition--Vehciel in question--Supperdari--Chassis number of the vehicle in question was found tampered for which, no conclusive proof in the shape of reliable evidence or plausible explanation has been furnished by the petitioner--Registration book of the vehicle in question sent to Motor Registration Authority, was also not issued from the aforesaid office as per its report--Moreover, at present there is no open transfer letter or original registration book or any other valid document of the vehicle in question in the name of the petitioner, therefore, in these circumstances the Courts below were quite justified to dismiss the application of the petitioner for the return of the vehicle in question and the same was rightly confiscated to the State--Judgments and orders of both the Courts below are neither illegal nor have caused any grave mis-carriage of justice--Petition dismissed.    [P. 816] A
Mr. Jawad Haider, Advocate for Petitioner.
Date of hearing: 19.6.2013.
Order
Petitioner Iftekhar Ali has lodged the present petition under Section 561-A, Cr.P.C. against the judgment and order dated 6/11/2012 of learned Additional Sessions Judge, Lahore District Swabi whereby his revision petition against the judgment and order dated 19/06/2012 of learned Judicial Magistrate-I, Lahore District Swabi refusing Superdari of the vehicle bearing Registration No. LZF-51 to him has been dismissed.
2.  The brief facts of the case are that on 17/11/2009 Motor Car bearing Registration No. LZF-51 was taken into possession by the local police of Police Station, Lahor under Sections 523/550, Cr.P.C. and inquiry under Section 156(3), Cr.P.C. was initiated and in pursuance of which the particulars of the vehicle in question were verified from Excise & Taxation Officer, Lahore and as per report of the said office the Registration Book of the vehicle in dispute was not issued from the said office. Furthermore the vehicle in question was also sent to FSL for chemical examination and as per report the last five digits of Chassis number of the same were found re-stamped. Consequently a case under Sections 419/420/468/471, PPS has been registered against the petitioner vide FIR No. 90 dated 13/01/2010 at Police Station, Lahor.
3.  After conclusion of the trial the petitioner was acquitted of the charges levelled against him vide judgment dated 02/03/2011 and the vehicle in question was confiscated to the State. Being aggrieved of the aforesaid judgment to the extent of confiscation of the vehicle in dispute, the petitioner filed revision petition which was dismissed by the learned Additional Sessions Judge, Lahor vide his judgment dated 01/04/2011. Thereafter the petitioner filed quashment petition under Section 561-A Cr.P.C before this Court and vide order of this Court dated 19/12/2011 the same was allowed, the impugned judgments/orders of both the Courts below were set aside and the case was sent back to the learned Judicial Magistrate, Lahor, District Swabi with the direction to inquire into the fact of the ownership of the petitioner in respect of the vehicle in question as bonafide purchaser and validity of registration number and thereafter pass an appropriate order in respect of the vehicle in question.
4.  After remand by this Court, the learned Judicial Magistrate recorded the statements of the petitioner, one Bilal Ahmad and Jan Nisar as PW-1 to PW-3 and after hearing the learned counsel for the parties again dismissed the application of the petitioner for return of the vehicle in question vide his order dated 19.6.2012. Then the petitioner filed revision before the learned Additional Sessions Judge, Lahor District Swabi but the same was also dismissed on 06/11/2012. Aggrieved from the judgments and orders of both the Courts below, petitioner has filed the present petition.
5.  I have heard learned counsel for the petitioner and have also gone through the impugned judgments and orders of the learned two Courts below.
6.  Perusal of the material placed on file would reveal that the vehicle in question has been taken into possession by the local police on 25/09/2012 under Sections 523/550, Cr.P.C. as the petitioner who was driving the same at that time failed to produce any valid documents regarding the ownership of the vehicle in question and the police started inquiry under Section 156(3), Cr.P.C. and thereafter a case under Sections 419/420/468/471, PPC was registered against the petitioner vide FIR No. 90 dated 13.1.2010 at Police Station, Lahore and after the conclusion of trial, he was acquitted while vehicle in question was confiscated to the State. The stance of the petitioner is that he is bonafide purchaser of the vehicle in question from Mazhar Hussain for consideration of Rs. 9,00,000/- (rupees nine lacs) through stamp paper No. 2448 dated 10.10.2009 Exh.PW-1/1. He also produced one Bilal Ahmad who deposed that he was working as Helper with Amjad Ali Stamp Vendor and in his presence agreement deed in respect of vehicle in question was; executed between Mazhar Hussain and the petitioner and both of them had signed the stamp paper No. 2448 dated 10.10.2009. Jan Nisar PW-3 who deposed that he is marginal witness of the deed dated 10/10/2009 Ex.PW1/1, however the petitioner has failed to produce Mazhar Hussain from whom he alleged to have purchased the vehicle in question. Furthermore he has also failed to produce the stamp vendor, scribe  and the other marginal witnesses of the alleged sale deed dated 10.10.2009 during inquiry under Section 156(3), Cr.P.C. and as per reports of FSL Peshawar and Islamabad, the chassis number of the vehicle in question was found tampered for which, no conclusive proof in the shape of reliable evidence or plausible explanation has been furnished by the petitioner. The registration book of the vehicle in question sent to Motor Registration Authority, Lahore was also not issued from the aforesaid office as per its report. Moreover, at present there is no open transfer letter or original registration book or any other valid document of the vehicle in question in the name of the petitioner, therefore, in these circumstances the Courts below were quite justified to dismiss the application of the petitioner for the return of the vehicle in question and the same was rightly confiscated to the State. The judgments and orders of both the Courts below are neither illegal nor have caused any grave mis-carriage of justice.
5.  Resultantly, this petition is without any substance, hence dismissed in limine.
(A.S.)   Petition dismissed

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