| Citation(s) |
|---|
| 2014 SLG 2375 2014 SLD 2375 2014 YLR 771 |
Sindh High Court
Criminal Revision Application No. D-38 of 2013, decided on 10th December, 2013
IRFAN SAADAT KHAN AND ABDUL MAALIK GADDI, JJ
Safdar Ali G. Bhutto for Applicant. Muhammad Ibrahim Babar, D.D.P.P. for the State
Criminal Revision Application No. D-38 of 2013, decided on 10th December, 2013
IRFAN SAADAT KHAN AND ABDUL MAALIK GADDI, JJ
Safdar Ali G. Bhutto for Applicant. Muhammad Ibrahim Babar, D.D.P.P. for the State
Messrs SARDAR MUHAMMAD ASHRAF D. BALOCH (PVT.) LTD. Through Authorized persoN
VS
The STATE and another
Law:
Section:
Criminal Procedure Code (V of 1898)--- ----S. 516-A---Order for custody and disposal of property pending trial in certain cases---Application for restoration of custody for vehicle on superdari---Contention of the applicant was that the vehicle was sole property of the Company he was representing and had not been used in commission of offence---Validity---Perusal of record revealed that the applicant was the authorized person for the Company, and had filed the registration documents for the vehicle, including certificate of change of ownership---Complainant had extended no objection to restoration of vehicle in favour of applicant and applicant had also submitted Form-A and Form-29 to SECP as per requirement---Vehicle was not involved in any crime and there existed no justification to refuse restoration of custody---High Court directed restoration of vehicle to the applicant on furnishing surety in the sum of Rupees 100,000 and PR bond in the like amount---Applicant was further directed to produce the vehicle before Trial Court as and when required---Revision was allowed, accordingly. ORDER ABDUL MAALIK GADDI, J.---Through this Criminal Revision Application, applicant Imtiaz Javed being authorized person of Messrs Sardar Muhammad Ashraf D. Baloch (Pvt.) Ltd. has assailed the legality and propriety of order dated 4-9-2013 passed by the learned Special Judge, Anti-Terrorism, Shikarpur rejecting an application under section 516-A, Cr.P.C. filed by the applicant for restoration of Toyota Land Cruiser bearing Registration No. BF-4994, Engine No.2U7-1264098, Chassis No.UZ1200-4010C62 of Black Colour, Model 2008 on superdari, which is impugned before this Court. On 1-5-2013 one Allah Warayo Badani lodged F.I.R at Police Station New Foujdari, Shikarpur, stating therein that on that day i.e., 1-5-2013 he being guard of Exh-MNA Dr. Muhammad Ibrahim Jatoi along with some other persons while going to Shikarpur in connection with election campaign were attacked upon by some terrorists and in the bombblast made by the accused persons the vehicle viz., Toyota Land Cruiser bearing Registration No.BF-4994, in which Dr. Muhammad Ibrahim was travelling, was badly damaged. It is…
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