| Citation(s) |
|---|
| 2009 SLG 1738 2009 SLD 1738 2009 SCMR 911 |
Supreme Court of Pakistan
Criminal Petition No.155-I, of 2008, decision dated: 4-07-2008
MUHAMMAD AKHTAR SHABBIR AND SYED SAKHI HUSSAIN BOKHARI, JJ
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Criminal Petition No.155-I, of 2008, decision dated: 4-07-2008
MUHAMMAD AKHTAR SHABBIR AND SYED SAKHI HUSSAIN BOKHARI, JJ
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USMAN NASIR DAR
VS
THE STATE
Law: Criminal Procedure Code (V of 1898)
Section: 516A
Law: Constitution of Pakistan, 1973
Section: 185(3)
Criminal Procedure Code (V of 1898)---S. 516-A---Constitution of Pakistan (1973), Art.185(3)---Superdari of vehicle---Application for---Car in question which had been taken into possession by the Police was used in commission of offence in respect of which criminal case was registered at Police Station concerned---Request made by petitioner for Superdari of said car had been declined by the High Court---Validity---Petitioner who failed to produce Registration Book etc. of the car in question to prove its ownership, had submitted that Bank had financed him for the purchase of said car, but as instalment of Bank had not been cleared, the car had not yet been transferred in his name---Car being leased one, Financial institution/Bank in case of default of any instalment could take the possession of the car---Petitioner having failed to establish his ownership in respect of car in question, could not make out case for Superdari of car---Superdari of car was rightly denied to the petitioner by the High Court. ORDER MUHAMMAD AKHTAR SHABBIR, J.--- The petitioner seeks leave to appeal against the order, dated 8-5-2008 passed by learned Single Judge of the Lahore High Court, Lahore in Criminal Revision No.49 of 2008. 2. Brief history of the prosecution case is that Suzuki Mehran Car No. LWA-8731 has been taken into possession by the police being used in the commission of the offence. In this regard a case F.I.R. No.231 of 2007, dated 27-8-2007 under sections 324/148/149, P.P.C. was registered at Police Station Ghari Shahu, Lahore. The revision petition filed by the petitioner for "Superdari" of this…
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