2007 PLP 2867(1) (YLR)
Mirza NASEER AHMAD — Petitioner Versus ADDITIONAL SESSIONS JUDGE, LAHORE and another — Respondents
| Citation | 2007 PLP 2867(1) (YLR) |
| Forum / Court | Lahore |
| Bench Members | M.A. Shahid Siddiqui, J |
| Parties | Mirza NASEER AHMAD — Petitioner Versus ADDITIONAL SESSIONS JUDGE, LAHORE and another — Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2007 PLP 2867(1) (YLR)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2007 PLP 2867(1) (YLR)?
The case was heard and decided by the Lahore bench comprising: M.A. Shahid Siddiqui, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2007 PLP 2867(1) (YLR) (Mirza NASEER AHMAD — Petitioner Versus ADDITIONAL SESSIONS JUDGE, LAHORE and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Liaquat Ali Butt and Muhammad Hanif Khan Niazi for Petitioner.
Headnotes / Summary
S. 516-A--Application for custody of vehicle
Case of petitioner was that he had purchased vehicle in question and had obtained open, transfer letter
Report of Forensic Science Laboratory showed that full panel of chasis number plate had been refitted and welded
Neither any other claimant had come forward to claim ownership of disputed vehicle nor it was required in any criminal case
Vehicle in question, in circumstances, should have been returned to the person from whose custody it had been seized-High Court ordered delivery of vehicle in question to petitioner. Muhammad Younis, Inspector and Muhammad Anwar, S.I. with Record.
Judgment & Decree
M.A. SHAHID SIDDIQUI J.
Mirza Naseer Ahmad petitioner , has challenged the legality of the orders dated 26-12-2006 and 27-1-2007 passed by a learned Magistrate and a learned Addl. Session Judge, Lahore respectively pertaining to the temporary custody of car bearing registration No.GTF/2324 which has been seized by an A.S.-I. of Anti Car Lifting Staff on 15-12-2006.
2. The petitioner's case is that he had purchased the disputed vehicle from Mst. Riffat Attique wife of Attique-ur-Rehman and obtained an open transfer letter.
3. According to the report of the Forensic Science Laboratory the full panel of chasis number plate has been refitted and welded. Admittedly neither any other claimant has come forward to claim the ownership of the disputed car nor it is required in any criminal case. In the circumstances of the case I am of the view that the disputed vehicle should have been returned to the person from whose custody it has been seized. Accordingly I allow this petition and order the delivery of the vehicle in dispute to the petitioner. H.B.T./N-36/L Petition allowed.