Law: Criminal Procedure Code (V of 1898)

Section: 561A

Law: Pakistan Penal Code, 1860

Section: 379,411

Law: West Pakistan Arms Ordinance (XX of 1965)

Section: 13

Criminal Procedure Code (V of 1898)--- ---Ss. 516-A & 561-A---Penal Code (XLV of 1860), S.379/411---West Pakistan Arms Ordinance (XX of 1965), S.13---Theft dishonestly receiving stolen property, possessing unlicensed fire arm---Custody on Superdari of case property---Matter related to the custody of a "bitch" which initially had been given to the petitioner on Superdari by the Magistrate---Sessions Court in revision upset the said order and gave the custody of the bitch to the respondent vide impugned order---Petitioner in his F.I.R. and respondent in his cross version had both admitted that the bitch was in the custody and control of the petitioner at the time of occurrence, when the same had been stolen---Petitioner had, prima facie, established that he was the last possessor of the bitch, which had been returned to him after the occurrence, as contended by both the parties in their respective versions before the police---Respondent, for the being, had failed to establish his claim of being the last possessor of the bitch---Sessions Court in the impugned order had rightly hinted at the principles governing the custody and control of the case property pending trial by observing that the last possessor of such property was entitled to the custody thereof under S. 516-A, Cr.P.C., but thereafter it had been swayed away by the terms "rightful claimant" and "sufficient material", as nothing of the sort at the moment existed on the investigation file of the case favouring the respondent---Impugned order had been passed on whimsical grounds which did not appeal to reason and logic---First order passed by Magistrate in favour of petitioner had not even been challenged by the respondent in his revision petition, which had been disposed of by Sessions Court in an arbitrary and perverse manner---Impugned order was consequently set aside and the case property i.e., the bitch was directed to be retained by the petitioner till the final adjudication of the case by Trial Court---Petition was allowed accordingly. ORDER SHAHID HAMEED DAR, J.---The petitioner has filed the instant petition under section 561-A, Cr.P.C. against order dated 5-5-2010 passed by the learned…

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