Law:

Section:

Constitution of Pakistan (1973)---Art. 185(3)--Criminal Procedure Code (V of 1898), S.517, Explanation--Stolen property-- Recovery/restoration of--Substitution of case property by or at instance of Investigating Officer--Whether in circumstances no other order except one of restoring converted property to person from whom it was recovered should have been passed--Leave to appeal granted to consider such question and certain other features disclosed in case, which required fuller examination in background of law and equities involved. ORDER SHAFIUR RAHMAN, J.--The petitioner seeks leave to appeal against the judgment of the Lahore High Court dated 17-3-1980 whereby the order of the Additional Sessions Judge restoring the case property to the petitioner was set aside. 2. A case was registered at the Railway Police Station Lahore on the allegation that tin-ingots were stolen from the go down of Loco Depot. P.W.R. Mughalpura Lahore on the night between 8/9-3-1965. Seventeen persons were sent up for trial. Thirty-one iron ingots recovered from one Abdullah were put in as the case property. The petitioner claimed that the recovery of these tin-ingots was effected from its premises and that it belonged to it. The learned Magistrate by his order dated 28-7-1966 discharged all the accused under section 253, .Cr.P.C. but as regards Exh. P.1 to Exh. P.31 he ordered that they should be handed over to the P.W.R. in due course as they bore marking of P.W.R. This order followed the finding that-- "Tin-ingots recovered from Abdullah P.W. on 13-3-1965 were pilfered by the person who conducted the investigation of this case or some one else during the investigation of the case and later on were replaced by tin-ingots carrying the P.W.R. mark and recovered at the instance of any other accused in some other way." 3. An appeal was preferred by the petitioner which succeeded and the following finding was recorded by the Additional Sessions Judge: "The clear testimony of Mr. Brown P.W.2 and Sardar Muhammad Anwar P.W.7 as to the recovery of these tin-ingots from Abdullah P.W.22 should have left the Magistrate with no option but to direct the same to be handed over to Abdullah…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492