Release of vehicle---"Case property", question of---Inspection by Motor Vehicle Examiner---Petitioner was owner of bus seized by police as "case property" in consequence of a road accident---

PLD 2020 Lahore 747

 Release of vehicle---"Case property", question of---Inspection by Motor Vehicle Examiner---Petitioner was owner of bus seized by police as "case property" in consequence of a road accident---Validity---Motor vehicle detained by police may be of two types: those involved in accidents and those seized in other cases---First category is dealt with by Provincial Motor Vehicles Ordinance, 1965, which is a special law---Police Rules, 1934 are general law and are in conflict with Provincial Motor Vehicles Ordinance, 1965---Where driver was being prosecuted for causing hurt or death of a person by rash or negligent driving, the vehicle could not be said to have been 'used' for commission of offence within the meaning of S.516-A, Cr.P.C.---If inspection of Motor Vehicle Examiner was required, they should have got it done and returned the bus to petitioner after 48 hours but the same had not been done---High Court directed the police to return bus to petitioner as its detention was without lawful authority