Law: Criminal Procedure Code (V of 1898)

Section: 516-A,550

Law: Constitution of Pakistan, 1973

Section: 199

(a) Criminal Procedure Code (V of 1898)--- ----S. 516-A--- Case property--- Necessary ingredients--- Scope---Expressions "interim custody", "interim disposal" and "Superdari" are interchangeably used in criminal procedural law---Essential features of term "case property" are that (i) it should have been used in commission of offence, (ii) offence appears to have been committed in respect of such property, (iii) it is the property which was stolen and then recovered from accused persons, and (iv) it itself is evidence of commission of offence. (b) Criminal Procedure Code (V of 1898)--- ----Ss. 516-A & 550---Constitution of Pakistan, Art. 199--- Case property---Custody of vehicles---Constitutional jurisdiction of High Court---Alternate remedy---Principle---Appellant/accused was aggrieved of seizing of his vehicles by police as case property---Validity---Public functionaries cannot be allowed to manipulate lawful process through deliberate illegal actions and strangulate the constitutional jurisdiction of High Court under the garb of availability of alternate remedies and ultimately put victims of such illegal actions to face rigors of cumbersome legal process before various other forums---Illegal and unlawful acts of public functionaries cannot be allowed to perpetuate merely on the ground of availability of alternative remedies---Respondent/Incharge Police Station was aware that there was no order of attachment of property of appellant/accused under S. 88, Cr.P.C. and the property was not used in commission of offence---Respondent/ Incharge Police Station initially seized vehicles under S. 550, Cr.P.C. and later after realizing legal complications, managed to make vehicles as case property---Such action of respondent/Incharge Police Station was not backed by any valid reason---High Court declared that seizure of vehicles by respondent/Incharge Police Station was without lawful authority and the same was struck down---Division Bench of High Court directed respondent/Incharge Police Station to return vehicles to the premises from where they were seized and order passed by Judge in Chambers of High Court was set aside---Intra Court Appeal was allowed…

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