Law: Criminal Procedure Code (V of 1898)

Section: 523, 550, 516,

(a) Criminal Procedure Code (V of 1898), ---Ss. 523 & 550 Stolen property-Custody pending proceeding-Property, seized by Police during investigation, alleged or suspected to have been stolen--Car alleged to have been stolen recovered from bona fide purchaser and given in his supurdari pending inquiry by Court as to its identity with subject matter of theft---Identity of 'property as stolen property not yet established, original owner cannot be deemed to have a pre ferential claim to its custody-Such property is normally to he entrusted to person from whose custody it is recovered. Lahore Race Club'v. State and another P L D 1968 Lah. 185 and L'. Ba Hlaing v. Balabux Sadani A. I. R 1937 Rang. 42 rel. (b) Criminal Procedure Code (V of 1898); -----Ss. 516-A & 523------Custody of property-Jurisdiction-Section 516-A applicable only where property is seized by Police and produced before Court during inquiry or trial-Custody of property seized h y Police during pendency of investigation, held, can be made only tender S. 523, Cr. P. C., 1898. In order for re interim custody of property regarding which an offence might appear to have been committed could be made under section 516-A, Cr. P. C. only when it is produced before any criminal Court during an enquiry or trial and not during the pendency of the investigation. Thus section 523, Cr. P. C. is the only relevant section under which an order for the interim custody of the property seized by the Police can be made during the pendency of the investigation. (c) Criminal Procedure Code (V of 1898), ---S. 523-Custody of property-Contention that supurdar was rising car as taxi leading to its rapid depreciation and likely to result in irreparable loss to alleged car owner in event of his claim being accepted-For proper guarantee against deterioration in value of car, in circumstance, supurdar held, should furnish security in the sum equivalent to price fixed by him.   ORDER Criminal Revisions 716 and 770 of 1969 are connected matters relating to the interim custody of Car No. KAG 8918 and are being disposed of by a single order. 1. Tile brief facts giving rise to these petitions are that on 16-10-68…