KARACHI: A model court on Friday ordered the secretary of the Sindh excise and taxation department to collect data of illegal transfers or registrations of vehicles being done without physical verification of the vehicles, causing adverse effects on the government.

Additional District and Sessions Judge Liaqat Ali Khoso of the Model Criminal Trial Court (Central) also directed the secretary and the SSP-Investigation Central-Zone to submit their respective reports on the compliance of the court’s directives within 15 days “without fail”.

Judge Khoso issued the above directives while hearing a matter related to ‘illegal transfer’ of a vehicle, confiscated for being used for drug trafficking, to the name of another person from its owner in connivance with the authorities in the Sindh excise and taxation department.

The judge noted that the vehicle was transferred in the name of applicant Lal Malook by the motor vehicle authority when the vehicle was already under custody. He noted that the vehicle was the case property and shown in the calendar of property in the investigation report filed by the investigating officer under Section 173 of the Criminal Procedure Code.

“Such property is likely to be confiscated under Control of Narcotics Substance Act, 1997.It is also required to be produced in the court during trial as case property by the prosecution,” he added.

The judge noted that “the practice of motor vehicle authority’s illegal transfers or registrations undermines safe administration of criminal justice system as such illegal and unlawful acts by transferring the titles of vehicles under safe custody is a heinous criminal offence”.

Expressing his extreme displeasure, the judge further noted that “the motor vehicle authority has dared to interfere into the authority of criminal justice system safeguarded by the courts of law on one hand while on the other provided double-folded protection to either accused or to the original owner of the vehicle as the case was at the time of registration of FIR/seizure of vehicle with drugs”.

“The transfer of vehicle in the name of applicant Lal Malook was without authority and without adopting the due course of law and rules, which cannot be looked at lightly by the courts,” he highlighted.

Therefore, he ordered the secretary of the excise and taxation department for taking action/holding inquiry against the delinquent officers/officials. He further ordered the secretary to also collect such data wherein the transfers of vehicles/registration are being done without physical verification, to curb the worst situations hindering safe administration of criminal justice.

Published in Dawn, September 10th, 2022