Law:

Section:

Criminal Procedure Code (V of 1898) --------- ----------Ss. 561-A, 517, 249-A & 265-K --------- Arms Act (IX of 1878), S. 15 --------- Quashing of proceedings --------- Principles --------- Possession of arms of any description without license prohibited in certain places --------- Disposal of property regarding which offence committed --------- Inherent powers of High Court --------- Limitations --------- Superdari of motorcar --------- Proof of ownership, requirement as to --------- Alternate remedy available under S. 249-A or 265-K, Cr.P.C. --------- Interference with investigation under S. 561-A, Cr.P.C. --------- Scope --------- Huge quantity of arms and ammunition was alleged to have been recovered from motorcar of accused without any license or permit --------- Accused filed application for superdari of said motorcar, which was dismissed by court --------- Validity --------- Accused had failed to produce any document to show that he was lawful owner of vehicle in question --------- Arms and ammunition had been recovered from secret cavities of motorcar --------- Plea advanced by accused that he had no knowledge of recovered arms and ammunition did not appeal to prudent mind --------- Once FIR was registered, superior courts, having constitutional, supervisory and inherent jurisdiction, had consistently refrained from direct interference with investigation being conducted by local police --------- Courts could not exercise control over investigation which might be prejudicial to fairness of proceedings, apart from being without jurisdiction --------- Court, while going through contents of FIR and record of case, could not find legal infirmity or any jurisdictional defect which could justify interference in matter under S. 561-A, Cr.P.C., unless very exceptional circumstances existed, which was not the case of accused --------- High Court observed that remedy of quashment of proceedings was not available when alternate remedy was available in shape of S. 249-A or S. 265-K, Cr.P.C. --------- Petition for quashment of proceedings was dismissed accordingly. Doctor Ghulam Mustafa v. The State 2008 SCMR 76 and Ghulam Muhammad v. Muhammad Khan PLD 1967 SC…

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