The Lahore High Court (LHC) has barred excise and taxation authorities from transferring the ownership of vehicles involved in criminal cases, warning that such actions undermine the justice system and may indicate bad faith.
The court directed authorities to conduct strict verification before processing any transfer and made it mandatory to obtain a police issued No Objection Certificate or an affidavit confirming that the vehicle is not case property. It said failure to follow these steps could facilitate unlawful acts and compromise evidence.
The ruling was issued on a petition filed by Muhammad Riaz, who challenged a trial court’s refusal to hand over a car seized in a narcotics case. During proceedings, the court noted that the vehicle had been transferred to the petitioner after the registration of the first information report.
The bench observed that transferring ownership of a vehicle declared as case property raises serious concerns about the credibility of those involved and damages the integrity of investigations. It added that such practices weaken the preservation of evidence and obstruct the judicial process.
Read More: Punjab Traffic Police Share Driving Licence Fees
Referring to existing legal obligations, the court said the excise and taxation department has a critical duty to uphold the law and must exercise due diligence to avoid facilitating illegality. It noted that the registration of the vehicle in this case was unlawful as it violated clear directions previously issued by the Supreme Court.
Citing Article 190 of the Constitution, the court said all state functionaries are bound to comply with Supreme Court orders. It referred to the apex court’s directions in the Amjad Ali Khan case and stressed that these must be followed without exception.
The petition was dismissed, and the matter was sent back to the Motor Registration Authority for corrective action under the law. Copies of the order were also forwarded to the Secretary of the Excise, Taxation and Narcotics Control Department and the Provincial Police Officer Punjab to ensure compliance.
The court warned that any future lapse or negligence in such matters would not be condoned, saying strict adherence was necessary to protect the administration of justice and prevent tampering with evidence.
