State vs Nisar Ali Khan Ss — 2025 PCrLJ 936 PESHAWAR-HIGH-COURT

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State VS Nisar Ali Khan Ss. 516-a, 523 & 550---Seizure of non-customs paid vehicles having tampered, welded, refitted, re-stamped chassis plates under Ss.550 /523, Cr.P.C.---Superdari of vehicles, refusal of---Petitioner applied for supurdari of the vehicles but the Magistrate rejected the applications, however Revisional Court allowed the revision petitions against order of Magistrate---Petitioners, inter alia, contended that they were bona fide purchasers of the vehicles in questions and there was no evidence on record which could show that the vehicles were either stolen or used in any crime---Validity---Vehicles is question were taken from the possession of respondents and they had submitted documents to support their titles---However, the presence of unauthorized alterations to the chassis numbers of these vehicles raised significant concerns---as such, the vehicles could not simply be returned to the respondents solely on the basis of their status as bona fide purchasers---Record indicated that respondents did not exercise due diligence or care while purchasing the vehicles, which was critical in establishing their defence---Bona fide purchasers could not claim legal protection if they failed to conduct proper inquiries regarding the legitimacy of the vehicle's legal status and any alterations that might have occurred---Considering the unauthorized modification of the chassis numbers in the present cases, the respondents' claims of being bona fide purchasers were weakened---Failure of respondents to take the necessary precautions at the time of purchasing the vehicles precluded them from asserting an entitlement of their return, as their actions might be construed as neglecting the responsibilities associated with acquiring property of such nature---In the present cases, the vehicles in question had been examined by the Forensic Science Laboratory, which had reported that the vehicles had welded and refitted chassis plates, with some chassis numbers having been deciphered---Said reports fundamentally compromised the legal status of these vehicles, making them highly questionable in terms of their legitimacy---Tampering of chassis numbers raised significant legal and ethical concerns---allowing the use of vehicles with altered chassis numbers would essentially grant permission for the circulation of tampered and unauthorized vehicles on public roads---Such permission from the Court would not only challenge the integrity of the vehicle registration systems but also pose serious risks to public safety---Furthermore, permitting the use of such vehicles could inadvertently encourage illicit activities, such as theft, fraud and trafficking, effectively issuing a de facto license for the proliferation of illegal vehicles---Thus, the continued use of vehicles with tampered chassis numbers could not be sanctioned, as it would set a dangerous precedent that would jeopardize the legal framework governing motor vehicles---Constitutional petitions were allowed, in circumstances.

State vs Nisar Ali Khan Ss — 2025 PCrLJ 936 PESHAWAR-HIGH-COURT

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