Law: Criminal Procedure Code (V of 1898)

Section: 516

  Criminal Procedure Code (V of 1898), S. 516-A-Custody of property-Car allegedly used in commission of offence, owned and claimed by person not doing anything to advance commission of offence-Court bound to release such property for `proper custody' under S. 516-A, Criminal Procedure Code, 1898-Order of Magistrate withholding custody of car from its owner, held, entirely unjustified in circumstances.   JUDGMENT This is a revision petition against the order of Malik Jahangir Khan, Cantonment Magistrate, Lahore, dated 14th of June 1969, refusing the delivery of Car No. KAB-4539 to the petitioner on Superdari. 2. Two persons, namely, Nazar Masih and Maqsud Alain were accused of offences under sections 406 and 420 of the Pakistan Penal Code vide F. I. R. No, 34 registered on 28th of March 1968, in Police Station North Cantt. It is alleged that they had deprived the complainant Muhammad Daud and his brother of a sum of Rs. 14,000 by mis-representing to them that they will supply them iron bars for that amount. We find in the F. I. R. that Rs. 500 were paid in advance and Rs. 1,350 were paid by Muhammad Usman the brother of the complainant when Maqsud Alam produced before him a duplicate receipt executed by the complainant. It appears that at some stage the police added section 392, P. P. C. also to the charge against the accused. We find in the report submitted by the police under section 173, Cr. P. C. to the Court that Maqsud Alam had deprived Muhammad Usman of this money by force although there is no mention of this in the F. I. R. 3. It appears from a memo on the record that the car in dispute which was fitted with a radio was taken hold of by the police from a road-side on 31st of March 1968, as an unclaimed property and as a piece of evidence in this case. 4. Miss Zarina Khan, the petitioner, who is stated to be the sister of Maqsud Alam accused claims to be the owner of the car. She applied to the learned Magistrate on 10th of April 1968, for the restoration of the car to her. The learned Magistrate passed an order on 11th of April 1968, to the effect that the matter will be considered after the challan had been put in. The matter was adjourned…