Law:

Section:

Keywords: Government, High Court, Prohibit, Evidence, Magistrate, Interpretation, House Breaking, Theft, Order, Orders, Payment, Assault, Notice, Period, Place, Set Aside, Custody, Consideration, Satisfaction, Procedure, Commission Of An Offence, Failure, Possession, Commission, Stolen Property, Vehicle, Person Entitled, Division, Production, Disposal, Property, Unlawful, Disposed Of, Satisfaction Of The Court, Provisions, Delivery Result: Appeal allowed JUDGMENT MOHAMMAD HALEEM, J. This appeal is directed against the judgment dated 31st July 1969 by which the learned Sessions Judge, Karachi ordered the confiscation of jeep bearing registra tion No. KAB 9258 while convicting Rajab Ali and Samano in Sessions Case No. 45/68 for the murder of Allah Ditto and attempted murder of Abdul Qadir. 2. The facts which have given rise to this appeal are these :- Jeep No. KAB 9258 belonged to the appellant, who sold it for Rs. 8,000 to Rajab Ali on 9th of August 1964, under an agreement of the same date, and received a sum of Rs. 4,000 and for the balance it was agree. That it would be paid by 31st of July 1964. In the meantime appellant Rajab Ali along with another co-accused Samano was implicated for the murder of Allah Ditto and attempted murder of Abdul Qadir. Raja Ali was arrested along with Samano on 11th of November 1964. He was in jail and, therefore, could not pay the balance of the price. The appellant then sent to him a notice for the payment of the balance of the amount and on his failure to do so filed a suit in the Court of 8th Civil Judge, Karachi on 10th December 1965. Rajab Ali who was then in jail appeared in Court on 18th of December 1965, and admitted the claim of the appellant but at the same the expressed his inability to pay the balance price but agreed to returned the jeep if the sum of Rs. 4,000 paid by him was returned to him. He even agreed to accept Rs. 3,500. This amount was however paid to him in Court. The Court in terms of this compromise decreed the suit for the return of the jeep. 3. The appellant then filed an application under section 516-A, Cr. P. C. In the Court of S. D. M. Old Town, for the return of the jeep to him on the basis of the…

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