2004 PLP 2134 (YLR)
SHAHBAZ AHMAD alias, NANHA‑‑‑Petitioner Versus THE STATE ‑‑‑Respondent
| Citation | 2004 PLP 2134 (YLR) |
| Forum / Court | Lahore |
| Bench Members | Pervaiz Ahmad and Rustam Ali Malik, JJ |
| Parties | SHAHBAZ AHMAD alias, NANHA‑‑‑Petitioner Versus THE STATE ‑‑‑Respondent |
Q1: What are the key laws and sections cited in 2004 PLP 2134 (YLR)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2004 PLP 2134 (YLR)?
The case was heard and decided by the Lahore bench comprising: Pervaiz Ahmad and Rustam Ali Malik, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2004 PLP 2134 (YLR) (SHAHBAZ AHMAD alias, NANHA‑‑‑Petitioner Versus THE STATE ‑‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Khalid Mian for Petitioner.
- Date of hearing: 8th October, 2003.
Headnotes / Summary
Criminal Procedure Code (V of 1898)‑‑‑ ‑‑‑‑Ss.516‑A & 517‑‑‑Application for Superdari of Motorcycle‑‑‑Motorcycle in question was taken into possession being available near place of occurrence with the assumption that applicant reached at the place of occurrence by riding over it‑‑ During trial motorcycle was given on superdari by Trial Court‑‑‑At the time of passing of final order of conviction and that of sentence, motorcycle had been ordered to be confiscated ‑‑‑Superdar had returned in compliance with orders and it was lying in Malkhana‑‑‑Applicant had prayed for handing over motorcycle to his brother, on Superdari‑‑‑Motorcycle which was lying in Malkhana would lose its value or utility
Allowing the application motorcycle was ordered to be handed over to brother of applicant as prayed for. M. Javed Bajwa for the State.
Judgment & Decree
PERVAIZ AHMAD, J. The petitioner has alleged that he had purchased Honda Motorcycle, 1998 Model 125cc and was got registered vide No.STJ‑2039 was taken into possession being available near the place of occurrence with the assumption that the petitioner reached at the place of occurrence by riding over it.
2. During trial the motorcycle was given on Superdari by the trial Court. Now at the time of passing of final order of conviction and that of sentence the motorcycle has been ordered to be confiscated. The Superdar has returned the Motorcycle in compliance with the orders at present is lying in Malkhana, hence prayed for handing over the Motorcycle to R' his brother on Superdari.
3. The learned counsel for the parties have been heard.
4. In view of the Motorcycle at present lying at Malkhana it will lose its A value or utility, therefore, the C.M. is allowed and the motorcycle is ordered to be handed over to the brother of the petitioner, Muhammad Ilyas on proper verification of documents and execution of personal bond, of Rs.50,000 to the satisfaction of the trial Court with a further direction to be bound to produce the motorcycle as and when ordered by the Court and with a further restraint of not to alienate or transfer the motorcycle in any manner. Disposed of. H.B.T./S‑103/L Petition allowed.