03/06/2026
2009 P Cr. L J 1349 [Lahore] Before Iqbal Hameedur Rahman, J MUHAMMAD ZUBAIR IQBAL----Petitioner Versus THE STATE and 3 others----Respondents Writ Petition No.10531 of 2009, decided on 1st June, 2009. Criminal Procedure Code (V of 1898)--- ----S. 550---Constitution of Pakistan (1973), Art.199---Constitutionalpetition---Superdari---Submission of the surety bond equal to the price ofseized gold---Gold belonging to the petitioner was taken into possessionunder S.550, Cr.P.C. for which the petitioner being the genuine and bonafide owner of the gold, applied for Superdari---Same was allowed subjectto the submission of the surety bond equivalent to the price of the gold---Petitioner had challenged order to the extent of condition of submissionof surety bond equivalent to the price of the gold---No criminal case stoodregistered nor there was any rival claimant of. the gold---Petitioner wasthe genuine and bona fide owner of the gold---Condition of thesubmission of surety bond was not justified in circumstances---Taking thegold into custody appeared to be highhandedness on the part of thepolice and a sheer abuse of authority---Impugned orders of the Courtsbelow were set aside to the extent of submission of the surety bondequivalent to the price of the gold---Gold taken into custody by the policeunder S.550, Cr.P.C. was ordered to be handed over to the petitioner. Muhammad Arif v. S.H.O. City Police Depalpur and 5 others PLD 1994Lah. 521 rel. Syed Tayyab Mehmood Jaffari for Petitioner. Sarfraz Ali Khan, A.A.-G. for the State. ORDER IQBAL HAMEEDUR RAHMAN, J.---Through the instant writ petitionthe petitioner seeks setting aside of the impugned order, dated 22-5-2009 and 26-5-2009 passed by the Courts below to the extent of thecondition of submission of surety bond equivalent to the price of thegold. 2. It is stated that there was no justification for ordering submissionof the surety bond equivalent to the price of the gold in the absenceof no rival claimant and no registration of case. It has been provedthat the gold belongs to the petitioner, .the same was taken intopossession under section 550, Cr.P.C. for which the petitioner beingthe genuine and bona fide owner of the gold applied for Superdariwherein the same had been allowed subject to the submission of thesurety bond equivalent to the price of the gold. It is further statedthat in the circumstances, the petitioner was entitled to the Superdariof the gold without submission of any surety bond: 3. Admittedly no criminal case stands registered nor, there is anyrival 'claimant of the gold. The petitioner is the genuine and bonafide owner of the gold. In view of the same, the condition ofsubmission of surety bond is not justified. Taking the gold intocustody appears to be highhandedness on the part of the police and isa sheer abuse of authority. In the above circumstances, relying uponthe case of Muhammad Arif v. S'.H.O. City Police Depalpur and 5others PLD 1994 Lah. 52 wherein it has been held that "powers ofpolice to seize property suspected to be stolen---Misuse of suchpower---Illegal practice developed regarding the use of powers ofpolice to seize property suspected to be stolen has to be severely dealtwith, if not by the higher police officers or the subordinate Courts, bythe High Court in its inherent jurisdiction under Criminal ProcedureCode and the Constitution", this writ petition is accepted and theimpugned orders of the Courts below are set aside to the extent ofsubmission of the surety bond equivalent to the price of the gold. Inview of the same the gold taken into custody by the police undersection 550, Cr.P.C. be handed over to the petitioner forthwith. Sincethe action of the police is clearly mala fide, illegal andunconstitutional, the same must be censured and the Police Officersconcerned "must be dealt with severely regarding the misuse of theprovisions of section 550, Cr.P.C. Copy Dasti on payment of usualcharges. Learned A.A.-G. is directed to send a copy of this order to theInspector-General of Police, Punjab, and the Chief Secretary to theGovernment of the Punjab for issuing strict instructions to thesubordinate Police Officers to understand the provisions of sections550 and 523, Cr.P.C. properly and to apply the strictly.
Petition allowed.
