PESHAWAR: PHC orders production of vehicle
PESHAWAR, Feb 27: The Peshawar High Court on Tuesday ordered the production of a luxury vehicle impounded from a citizen and used by the provincial minister for excise and taxation.
A two-member bench comprising Chief Justice Tariq Pervez Khan and Justice Qaim Jan Khan directed the provincial excise department to park the vehicle on the premises of the court on Thursday before
9am.
The court remanded back a case pertaining to the said land-cruiser vehicle to the trial court and set aside an order passed without hearing the petitioner, Haji Ghaffar. The bench ordered that the vehicle would remain in the court till final disposal of the case by the trial court.
Advocates Iqbal Mohmand and Ms Mussarat Hillali appeared for the petitioner and stated that the vehicle bearing registration NoAJKP 9660 owned by one Ziaul Haq was impounded by the excise department while driven by Haji Ghaffar, having power of attorney of the vehicle.
The petitioner stated that the excise department claimed that they had impounded the vehicle on suspicion that it was a stolen vehicle.
He added that the chemical examination report suggested that the chassis of the land-cruiser had been welded.
The petitioner claimed that without hearing his point of view the trial court issued confiscation order of the vehicle.
The counsel argued that the chemical examination report suggested that the chassis was welded and not tampered with. They contended that the order was passed by the trial court without hearing the petitioner. They added that the vehicle had now been misused.
The bench inquired in whose custody the vehicle was now. The counsel informed that presently the provincial minister for excise and taxation, Fazal Rabbani, had been using it.
The government counsel stated that the vehicle was in safe custody now. The bench observed that the high court was a much safer place; therefore, the vehicle should be handed over to the registrar till Thursday.
The court also remanded the case back to the trial court with the direction that the petitioner must be properly heard.