1998 PLP 2542 (SCMR)
KADIRMINQ‑‑‑‑Petitioner Versus THE STATE and another‑‑‑Respondents
| Citation | 1998 PLP 2542 (SCMR) |
| Forum / Court | Supreme Court of Pakistan, |
| Bench Members | Mamoon Kazi and Wajihuddin Ahmed, JJ |
| Parties | KADIRMINQ‑‑‑‑Petitioner Versus THE STATE and another‑‑‑Respondents |
| Primary Law | Criminal Procedure Code (V of 1898)‑‑ |
Q1: What are the key laws and sections cited in 1998 PLP 2542 (SCMR)?
This judgment primarily cites: Criminal Procedure Code (V of 1898)‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1998 PLP 2542 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan, bench comprising: Mamoon Kazi and Wajihuddin Ahmed, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1998 PLP 2542 (SCMR) (KADIRMINQ‑‑‑‑Petitioner Versus THE STATE and another‑‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Muzaffarul Haq, Advocate Supreme Court and Faizanul Haq, Advocate‑on‑Record for Petitioner.
- Date of hearing: 20th July, 1998.
- Muhammad Muzaffarul Haq, Advocate Supreme Court and Faizanul Haq, Advocate-on-Record for Petitioner.
- Sardar Muhammad Ishaque, Advocate-on-Record for the State.
Headnotes / Summary
(On appeal from the order dated 29‑5‑1998 of the High Court of Sindh, Karachi in Cr. Rev. No. 14 of 1998). ‑‑‑‑S. 516‑A‑‑‑Custody of vehicle‑‑‑Mini bus in dispute had. been recovered from the driver of the respondent and the name of the respondent was also found mutated in the relevant Excise and Taxation Record‑‑‑Question whether such mutation had resulted upon fraud being practised by illegally filling up the blanks in the transfer papers, could only be determined by the Civil Court‑‑ However, the security amount to be paid by the respondent for taking the custody of the mini bus as directed by High Court, was enhanced by Supreme Court‑‑‑Order of High Court was modified to such extent only. Sardar Muhammad Ishaque, Advocate‑on‑Record for the State.
Judgment & Decree
WAJIHUDDIN AHMED, J.
The facts of the case need not be restated as the same are duly detailed in the impugned order of the High Court dated 29-5-1998 in Criminal Revision No.14 of 1998. In short an application under section 516-A of the Code 'of Criminal Procedure, filed by the petitioner before the learned Special Judge Anti-Corruption (Provincial) Karachi, was allowed and custody of the mini bus in dispute was made over to him. A similar application of respondent Ghulam Hyder was declined. The High Court, in turn, allowed the above criminal revision application and directed the mini bus to be handed over to Ghulam Hyder, aforesaid, subject to his depositing a sum of Rs.250,000 with the Nazir of the High Court by way of security, the custody to be governed by the ultimate orders of the competent civil Court. Hearing the learned counsel, we are of the view that no exception can be taken to the impugned order of the High Court, inasmuch as the recovery of the omni bus was made from the driver of Ghulam Hyder and besides, the name of Ghulam Hyder was also found mutated in the relevant Excise and Taxation record. As to whether such mutation had resulted upon fraud being practised by illegally tilling up the blanks in the transfer papers etc. are questions which must await due determination at the level of the civil Court. At the same time, however, we are of the view that the security taken by the High Court is, in all probability, insufficient. Accordingly, the High Court order is modified so as to add a further condition to the same, namely, that apart from the aforesaid cash deposit, respondent Ghulam Hyder would also be required to furnish security to the satisfaction of the Nazir of the High Court in the sum of Rs.150,000, the total such security of Rs.400,000 abiding by the final order of the civil Court concerned. To this extent, the petition, being converted into an appeal, is allowed but with no order as to costs. N.H.Q./K-24/S Order accordingly.