Case Details

Citation(s)
1990 SLG 552 1990 SLD 552 1990 SCMR 342
Supreme Court of Pakistan
Criminal Petitions for Leave to Appeal Nos. 8-Q and 9-Q of 1989, decision dated: 1st June, 1989.
ABDUL KADIR SHAIKH AND ZAFFAR HUSSAIN MIRZA, JJ
Tahir Muhammad Khan, Advocate Supreme Court and S. A. M. Quadri, Advocate-on-Record for Petitioner. Iftikhar Mohammad, Advocate-on-Record for
Respondents No. 1 and 2.

Prince SULEMAN DAUD

VS

Syed ABDUL QADIR GILANI and others

Law:

Section:

Criminal Procedure Code (V of 1898)-----S.516-A---Constitution of Pakistan (1973), Art.185(3)---Custody of motor­car---Petition for interim custody had become infructuous---Fears expressed by petitioner regarding proper care and maintenance of motor-car during police custody being legitimate, he was allowed to apply to Sessions Judge for such orders as may be deemed fit and necessary for obviating deterioration of motor­car which was said to have been used by Quaid-i-Azam Muhammad Ali Jinnah and thus had a special value. ORDER ABDUL KADIR SHAIKH, J.--These two petitions arise out of a theft case of motor-car Piers Arrow, Model 1932, bearing No. 3500084 which, according to prosecution case, belongs to Khan of Kalat. The dispute between the parties has come up before us out of proceedings which relate to the question of interim custody of the motor-car pending final disposal of the criminal case in this regard. By the impugned judgment of the High Court, the case was remanded to the Sessions Judge, Mastung to adjudicate upon the question of interim custody of the motor-car after giving reasonable opportunity of hearing to all concerned. Since in the meantime, the learned Sessions Judge, Kalat has passed the order dated 29-4-1989 pursuant to impugned order of…
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