Law: Criminal Procedure Code (V of 1898)

Section: 516

[Criminal Procedure Code (V of 1898)].......S 516-A---Custody of vehicle---Mini bus in dispute had. been recovered from the driver of the respondent and the name of the respondent was also found mutated in the relevant Excise and Taxation Record---Question whether such mutation had resulted upon fraud being practised by illegally filling up the blanks in the transfer papers, could only be determined by the Civil Court--­However, the security amount to be paid by the respondent for taking the custody of the mini bus as directed by High Court, was enhanced by Supreme Court---Order of High Court was modified to such extent only. ORDER WAJIHUDDIN AHMED, J.---The facts of the case need not be restated as the same are duly detailed in the impugned order of the High Court dated 29-5-1998 in Criminal Revision No.14 of 1998. In short an application under section 516-A of the Code 'of Criminal Procedure, filed by the petitioner before the learned Special Judge Anti-Corruption (Provincial) Karachi, was allowed and custody of the mini bus in dispute was made over to him. A similar application of respondent Ghulam Hyder was declined. The High Court, in turn, allowed the above criminal revision application and directed the mini bus to be handed over to Ghulam Hyder, aforesaid, subject to his depositing a sum of Rs.250,000 with the Nazir of the High Court by way of security, the custody to be governed by the ultimate…

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