1990 PLP 342 (SCMR)
Prince SULEMAN DAUD‑‑Petitioner Versus Syed ABDUL QADIR GILANI and others‑‑Respondents
| Citation | 1990 PLP 342 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Abdul Kadir Shaikh and Zaffar Hussain Mirza, JJ |
| Parties | Prince SULEMAN DAUD‑‑Petitioner Versus Syed ABDUL QADIR GILANI and others‑‑Respondents |
| Primary Law | Criminal Procedure Code (V of 1898)‑‑ |
Q1: What are the key laws and sections cited in 1990 PLP 342 (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 1990 PLP 342 (SCMR)?
The case was heard and decided by the High Court bench comprising: Abdul Kadir Shaikh and Zaffar Hussain Mirza, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1990 PLP 342 (SCMR) (Prince SULEMAN DAUD‑‑Petitioner Versus Syed ABDUL QADIR GILANI and others‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Tahir Muhammad Khan, Advocate Supreme Court and S. A. M. Quadri, Advocate‑on‑Record for Petitioner.
- Iftikhar Mohammad, Advocate‑on‑Record for Respondents Nos.l and 2.
- Date of hearing: 1st June, 1989.
Headnotes / Summary
(From the judgment/order of Baluchistan High Court, Quetta dated 19‑1‑1989 in Criminal Revision No. 32 of 1988). ‑‑‑S.516‑A‑‑‑Constitution of Pakistan (1973), Art.185(3)‑‑‑Custody of motor car‑‑‑Petition for interim custody had become infructuous‑‑‑Fears expressed by petitioner regarding proper care and maintenance of motor‑car during police custody being legitimate, he was allowed to apply to Sessions Judge for such orders as may be deemed fit and necessary for obviating deterioration of motor car which was said to have been used by Quaid‑i‑Azam Muhammad Ali Jinnah and thus had a special value.
Judgment & Decree
‑‑‑S.516‑A‑‑‑Constitution of Pakistan (1973), Art.185(3)‑‑‑Custody of motor car‑‑‑Petition for interim custody had become infructuous‑‑‑Fears expressed by petitioner regarding proper care and maintenance of motor‑car during police custody being legitimate, he was allowed to apply to Sessions Judge for such orders as may be deemed fit and necessary for obviating deterioration of motor car which was said to have been used by Quaid‑i‑Azam Muhammad Ali Jinnah and thus had a special value. Tahir Muhammad Khan, Advocate Supreme Court and S. A. M. Quadri, Advocate‑on‑Record for Petitioner. Iftikhar Mohammad, Advocate‑on‑Record for Respondents Nos.l and
2. Date of hearing: 1st June, 1989. ABDUL KADIR SHAIKH, J.‑‑These two petitions arise out of a theft case of motor‑car Piers Arrow, Model 1932, bearing No. 3500084 which, according to prosecution case, belongs to Khan of Kalat. The dispute between the parties has come up before us out of proceedings which relate to the question of interim custody of the motor‑car pending final disposal of the criminal case in this regard. By the impugned judgment of the High Court, the case was remanded to the Sessions Judge, Mastung to adjudicate upon the question of interim custody of the motor‑car after giving reasonable opportunity of hearing to all concerned. Since in the meantime, the learned Sessions Judge, Kalat has passed the order dated 29‑4‑1989 pursuant to impugned order of the High Court, both these petitions have been admittedly rendered infructuous and are to be dismissed, but the learned counsel for the petitioner submits that ever since the registration of the case the motor‑car is lying at the Police Station, and due to exposure to severe weather conditions it is liable to deterioration. He therefore prays that a direction may be issued to the trial Court for arranging a proper custody of the motor‑car. Since the petitions are being dismissed as having become infructuous, we would not like to pass any direction as prayed for. However, the fears expressed by the learned counsel with regard to the proper care and maintenance of the motor‑car during the police custody may well be legitimate. We therefore clarify that it is open to petitioner to apply to the learned Sessions Judge for such orders as may be deemed fit and necessary for obviating deterioration of the motor‑car which is said to have been used by the Quaid‑e‑Azam Mohammad Ali Jinnah in 1942 and thus has a special value. M.A.K./S‑436/S Order accordingly.