| Citation(s) |
|---|
| 1980 SLG 3001 = 1980 SLD 3001 = 1980 SCMR 54 |
Civil Petition for Special Leave to Appeal No. 18-R of 1979, decided on 25th April, 1979. (Appeal against. the judgment and order dated 17-1-79 of the Lahore High Court in Criminal Revision No. 371 of 1978).
Presented By: G. Safdar Shah and Karam Elahee Chauhan, JJ
M. Naazar Khan., Advocate-on-Record for Petitioner.. Nemo for
Respondents.
DILSHAD AHMAD---Petitioner
VERSUS
THE STATE ETC.-Respondents
Law: Criminal Procedure Code (V of 1898)
Section: 516
(a) Criminal Procedure Code (V of 1898) S. 516-A-Custody of crime property-Sessions Judge holding petitioner not entitled to custody of truck in dispute and petitioner not challenging such order further in any forum--Claim of petitioner for supardari of truck on his own merits, held, cannot be reopened so long as Sessions Judge's order remained in operation.-[Custody of property]. (b) Criminal Procedure Code (V of 1898) S. 516-A-Custody of crime property-Magistrate, on application being filed by petitioner, complaining Bank guarantee offered by opposite-party to be spurious cancelling earlier supurdari order ex parte without giving opposite-party any opportunity to defend himself-High Court, in circumstances, held, justified in quashing Magistrate's order.-[Custody of property-Quashment of proceedings]. Fazal Dad v. State 1974 P Cr. L J 452; Ghulam Akbar v. Muhammad Ilyas and another 1974 P Cr. L J Note 53 at p. 34; Hamidullah v. The State and another 1975 P Cr. L J 1148 and Mahboob Yar Khan and another v. Municipal Committee, Mian Channu P L D 1975 Lah. 748 ref. (c) Criminal Procedure Code (V of 1898) . 516-A-Custody of crime property--Order-passed by High Court directing truck in dispute to be retained in malkhana pending investigation of case by police neither suffering from any illegality nor violating any principle of law warranting interference by Supreme Court, petition for leave to appeal dismissed-Constitution of Pakistan (19731, Art. 185(3).-[Custody of property]. Date of hearing: 25th April, 1979. ORDER KARAM ELAHEE CHAUHAN, J.-The dispute in this case is about the custody and ownership of truck bearing Registration No. DC-2424 (Bedford 1970 Model). The case of the petitioner Dilshad is that he is the owner of this…