2008 PLP 1491 (MLD)
MANZOOR HUSSAIN — Applicant Versus THE STATE — Respondent
| Citation | 2008 PLP 1491 (MLD) |
| Forum / Court | Karachi |
| Bench Members | Khawaja Naveed Ahmed, J |
| Parties | MANZOOR HUSSAIN — Applicant Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2008 PLP 1491 (MLD)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2008 PLP 1491 (MLD)?
The case was heard and decided by the Karachi bench comprising: Khawaja Naveed Ahmed, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2008 PLP 1491 (MLD) (MANZOOR HUSSAIN — Applicant Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Headnotes / Summary
S. 516-A
Penal Code (XLV of 1860), S.395
Custody and disposal of property pending trial
Application under S.516-A, Cr.P.C. for release of the vehicles was strongly opposed by State Counsel on the grounds that applicant did not co-operate with the police and had not supplied names and addresses of the drivers of the vehicles; that vehicle was the case property; that accused persons were absconding and the vehicles were the material piece of evidence in the hands of the prosecution, and if same were released, the prosecution's case would be hampered
Impugned order was a speaking order and did not need any interference
Impugned order was upheld and application was dismissed. Fayaz Ahmed Sammor for Applicant. Arshad Lodhi, A.A.-G for the State.
Judgment & Decree
KHAWAJA NAVEED AHMED, J.
Manzoor Hussain has filed this Criminal Revision Application through Mr. Fayaz Ahmed Sammor, Advocate, against the order, dated 8-3-2008 of the learned District and Sessions Judge, Karachi West, on an application moved under section 516-A, Cr.P.C. for release of the vehicles bearing registration No.TKB-800 and ZB-931, held up by the police in case F.I.R. No.49 of 2008, lodged at Police Station S.I.T.E., Karachi, under section 395, P.P.C. The learned counsel for the applicant contends that the learned trial Court has wrongly observed in the impugned order that the owner has not cooperated with the police and has not supplied names and addresses of the 'drivers of the vehicles. The learned counsel further states that vide Roznamcha. Entry No.59, dated 1-3-2008 of Police Station S.I.T.E. the applicant has supplied names and addresses of the drivers. On the other hand, the learned A.A.-G, Mr. Arshad Lodhi, has strongly opposed this application and states there is no mention of the addresses in the Roznamcha entry referred to by the learned counsel for the applicant in his arguments. The learned A.A.-G further states that truck is the case property. He further states that the accused persons are absconding and the vehicles are the material piece of evidence in the hands of the prosecution and if the same are released the prosecution case will be hampered. I have heard both the learned counsel and have perused the record as well as the Roznamcha entry, mentioned above, I have also perused the order of the learned District and Sessions Judge, Karachi West. The impugned order is a speaking one and does not need any interference. I hereby uphold the impugned order of the learned Sessions Judge and dismiss this Criminal Revision Application. However, it will be open for the applicant to move fresh application before the learned trial Court as has been observed by the learned Sessions Judge in his order. H.B.T./M-109/K Application dismissed.