HYDERABAD, Jan 28: The Sindh High Court, Hyderabad circuit bench, here on Monday directed the owner of an oil tanker to file a direct complaint against the SHO of Jamshoro police station who was accused of having committed theft of oil from his tanker and impounded by the police to get his grievance redressed.
The order was passed on a constitutional petition filed by one Preetam, son of Akkoo Deewan, praying the court to order the registration of an FIR against the SHO of Jamshoro police station.
The petitioner was represented by Shoaib Shibli, advocate, He reproduced his written complaint which was addressed to the SSP of Dadu, the ASP of Kotri, SHOs of Kotri and Jamshoro police stations.
It said that on Dec 8, 2001, drivers, Zulfikar and Saleem, and cleaner Abdul Sattar loaded 24,000 litres of furnace oil from M/s Mohammad Raza Oil Service, Karachi, for its onward transportation to M/s Umer Oil Traders, Sargodha. The truck was stopped near the Chand petrol pump, Tool Plaza, Hyderabad.
SHO Noutak Khan Baloch constables, Azizullah Lund and Mohammad Bachal, arrived there and told the driver that the truck carried stolen oil although the policemen were shown invoice of the oil. The SHO demanded bribe of Rs2,00,000 in the name of Eid money and when the driver refused to pay as he was having only Rs2000, the policemen impounded the truck and parked it on the Super Highway.
After the owner was informed he approached the police through his friend, Malik Mohammad Idrees. At the police station the SHO again demanded Rs2,00,000 saying that he had to send the money to his high-ups before Eid. The petitioner’s friend refused and returned.
The petitioner said that when he failed to pay the bribe the truck was impounded under section 550 CrPC. The owner deputed his driver to keep a close vigil on the truck and moved the court of law which directed the police to release the truck upon furnishing surety to the extent of Rs1 million. Even the policemen insisted to verify the court order and the tanker driver informed the petitioner that on Dec 31, the SHO came and stole the oil from the tanker.
He also accused the SHO of having stolen tyres, tubes and a rim of the tanker and fixed it in another tanker. When he tried to make queries from the SHO he got annoyed and abused him. The complainant said that the SHO was causing him a loss of Rs3,500/- daily by having impounded the truck with 24,000 litres of furnace oil amounting to Rs2,05,325.
He requested the court that the registration of case should be ordered in the light of the complaint.
The SHO in his statement termed the allegations baseless and false.
He said that the vehicle (QAC-8117) had been seized under section 550 by ASI Mohammad Hussain Lakho and such report was submitted before the concerned court.
The court also heard the arguments of AAG Masood A. Noorani who argued that efficacious remedy was available to the petitioner and he should move the concerned court by way of a direct complaint.
The AAG submitted the copy of the order dated Jan 16, of the judicial magistrate, Kotri, according to which the tanker was seized on Dec 26 and on Dec 29 the petitioner furnished the surety.
He said that the police had reported to the judicial magistrate that the petitioner was not taking over the possession of the oil tanker and the petitioner also submitted application that he was afraid of police therefore, a receiver be appointed for taking over the possession of the oil tanker and hand it over to him.
The magistrate accordingly appointed his reader as the receiver. The court said that the judicial magistrate had taken care of the matter and on the request of the petitioner he appointed receiver to take over oil tanker from police and hand it over to the petitioner. However, if the petitioner was still dissatisfied he may file a direct complaint before the criminal court of a competent jurisdiction.
The petition was accordingly disposed of.