SECRETARY TO GOVERNMENT OF KHYBER PAKHTUNKHWA vs TAJDAR KHAN Ss — 2021 YLR 1160 PESHAWAR-HIGH-COURT

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SECRETARY TO GOVERNMENT OF KHYBER PAKHTUNKHWA VS TAJDAR KHAN Ss. 23(4), 25 & 43---Khyber Pakhtunkhwa (Road Checking, Seizing and Disposal of Motor Vehicles) Rules, 2015, Rr. 3, 4, 8, 9(3) & 10---Seizure of vehicle---Tampered chassis number---Superdari of vehicle---Vehicle in question had been seized by squad of Intelligence Bureau of Excise Taxation and Narcotics Control Department on the basis of suspicion of having bogus registration documents, and tampered chassis---Registration documents, after verification from the concerned Registration Authority, were also found to be bogus---Respondent claiming to be owner and last possessor applied the Court of Session for interim custody of the vehicle by filing an application under S.516-A, Cr.P.C., which was allowed through the impugned judgment---Validity---Any person aggrieved from the order passed by the confiscating authority under the provisions of sub-rule (3) of R. 9 of Khyber Pakhtunkhwa (Road Checking, Seizing and Disposal of Motor Vehicles) Rules, 2015, may prefer an appeal to the concerned Deputy Director (Region) within fifteen days after passing of such order under R.10(1) of the Rules---Under sub-rule (2) of R.10 another appeal can be filed, against the order of Deputy Director, before the Director General within thirty days---In view of sub-rule (5) of R.10 the Secretary to Government may, on its own accord or on an appeal filed by any aggrieved person within sixty days against the order of the Director General pass such orders as it deemed fit in accordance with law---Said rules provided a concise and complete procedure thereafter the seizure of vehicle under those Rules and before confiscation of the same, which are still holding the field, and is prevailing law on the subject---Provisions contained in S.516-A, Cr.P.C., empoweres a criminal court to make order for disposal of property pending trial in certain cases---Record showed that the authorities had taken into custody and had seized the vehicle under consideration, on the basis of having not only the forged registration number but also tampered chassis frame---No criminal case had been registered by the authorities against the respondent and no criminal inquiry was under process or any trial was pending before any criminal court, while the vehicle in question was neither a case property nor used in commission of an offence---Vehicle so seized under consideration was the one, which was also the case property---All such disputed and factual controversy was to be dealt with by the competent authority, designated as such under the Motor Vehicles Rules, 2015 and, any other claimant/owner, if so advised, might take recourse to the concerned authorities---Petition was allowed by setting aside impugned judgment with direction that vehicle, if already handed over to respondent, would be re-taken into custody by the petitioners.

SECRETARY TO GOVERNMENT OF KHYBER PAKHTUNKHWA vs TAJDAR KHAN Ss — 2021 YLR 1160 PESHAWAR-HIGH-COURT

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