Law:

Section:

(a) Criminal Procedure Code (V of 1898)--S. 524---Constitution of Pakistan (1973), Art.185(3)---Motor-car lying abandoned and owner being untraceable was taken into custody by police--­Respondent purchasing such car through public auction conducted by Ilaqa Magistrate---Such car was subsequently found to be stolen from Karachi, F.I.R. whereof had been registered---During course of investigation car was taken away to Karachi and handed over to its original owner under order of Court---Suit for damages by the respondent---Leave to appeal was granted to consider whether respondent was entitled to recover any amount in excess of what was secured as a result of auction sale of the car, inasmuch as such car was put to auction in pursuance of lawful order of Magistrate who was competent to pass such order under S.524, Criminal Procedure Code, 1898. (b) Criminal Procedure Code (V of 1898)--- ----Ss. 523, 524 & 525---Seizure of property of an unknown owner---Sale of--­Where Magistrate to whom seizure of property of an unknown owner was reported was of the opinion that sale of such property was for the benefit of owner, then he would be fully empowered and competent to direct such property to be sold---Provisions of Ss.523 & 524, Criminal Procedure Code, 1898, would apply to net p1rocceds of such sale. (c) Criminal Procedure Code (V of 1898)--- ----S. 523---Seizure of property---Responsibility of police and duty and liability of Magistrate--Responsibility of Police Officer under the law would only extend to report seizure of property found, inter alia, under circumstances which had created suspicion of commission of any offence to make a report to Magistrate--­Such seizure having been reported Magistrate would take proceedings for disposal of property whether owner thereof was known or unknown--­Magistrate's such action would be protected, with the result that no suit for damages would lie if he had acted in good faith---When there was no allegation of want of good faith on the part of Magistrate and when he had not been impleaded as party to suit for damages, no suit for claim for damages would be against the Government.---[Damages]. (d) Criminal Procedure Code…

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