Law:

Section:

Criminal Procedure Code (V of 1898)-------S. 516-A---Custody of vehicle---Fake number plates---Magistrate handed over interim custody of vehicle in question to accused---Validity---One of the allegations made against accused was that he was driving vehicle with fake number plates, therefore, by returning custody of vehicle but without ensuring that it had proper plates, the Magistrate actually permitted the vehicle to be driven either without number plates or with fake number plates---Lower Appellate Court also did not examine the matter in its proper perspective and simply upheld the order of Magistrate---Accused had paid the applicable motor vehicle tax and accumulated arrears and also produced original number plates---Compliance with applicable law having been made, vehicle could be retained by accused till the conclusion of trial---Petition was disposed of accordingly. ORDER QAZI FAEZ ISA, C.J.---The learned Judicial Magistrate-I, Quetta, vide order dated 6th June, 2013 had allowed the release of the vehicle in respect of which F.I.R. No.32/2013 was lodged at Police Station Bijli Road, Quetta. The operative part of the said order is reproduced hereunder:-- "Report from SHO Bijli Road, Quetta is received. As per report vehicle in question was taken from the possession of present applicant, as such he was found the last possessor of vehicle in question. Even otherwise no other person has claimed the superdari of said vehicle. Hence application is allowed. Vehicle be released in favour of applicant, subject to furnishing superdaginama in sum of Rs.3,00,000 for satisfaction of this court. Application be consigned to record after its completion and compilation." The State assailed the above order by filing Criminal Revision No.3 of 2013, however, the learned Additional Sessions Judge-VI, Quetta vide order dated 29th July, 2013 upheld the order of the learned Magistrate, as according to him, the same did "not suffer from any illegality or irregularity, warranting interference of this court". 2. That it is against the aforesaid two orders (hereinafter collectively referred to as "the impugned orders") that the State has filed this petition under section 561-A of…

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