Law: Criminal Procedure Code (V of 1898)

Section: 516

Law: Penal Code (XLV of 1860)

Section: 420, 406

(On appeal from the judgment and order of the High Court of West Pakistan, Karachi Bench, dated the 30th March 1970, in Suo Motu Revision No. 175 of 1969).   Criminal Procedure Code (V of 1898) S. 516-A- Custody of property--Property subject-matter of a charge of cheating-Held, should not have been recovered from person in it possession unless a strong case of cheating mode out against him-Penal Code (XLV of 1860), Ss. 420 & 406. Date of hearing : 11th May 1970. ORDER WAHIDUDDIN AHMAD, J.-This petition for special leave to appeal is directed against the order of a learned Single .Judge of the High Court of West Pakistan, Karachi Bench, in Criminal Suo Motu Revision No. 175 of 1969, dated the .30th March 1970. By- this order, the High Court accepted the revision petition and directed that Truck No. RI-452 be taken back from the custody of the petitioner and handed over to respondent No. 2 on the, same condition on which it was ordered to be given to the petitioner. It has arisen in the following circumstances :- The complainant, who was the proprietor of the Carvan Goods Transport Company. Hyderabad sold his Track No. RI-.452 on the 13th September 1966, for Rs. 37,000 with the consent of Khalilur Rahman and Ishaq, the original owners. Respondent No. 2 in satisfaction of the price gave his truck valued at Rs. 9,000 and promised to pay the balance of Rs. 18,000 to the original owners and remaining amount of Rs. 10,000 in instalments of Rs.500 per month. It appears that the petitioner has made the payment to the original owners but the amount of Rs. 10,000 which was payable to the petitioner is still remained unpaid. The allegation of the petitioner is that respondent No. 2 had fraudulently and dishonestly induced the complainant to part with the truck and has committed an offence under section 420/406, P. P. C. A complaint was filed before the learned S. D. M., Hyderabad, under section 516-A, Cr. P. C. on the 7th June 1969. The learned Magistrate on that application directed the S. H. O., Market Police Station to seize the said truck from respondent No. 2 and to keep it in custody at the Market Police Station. This order was complied with on the 1st July…