2018 PLP 241 (YLRN)

IRSHAD ALI SHAH, J.

The applicant by way of instant Cr. Rev. Application has impugned an order dated 5.1.2018 of learned 3rd Additional Sessions Judge Naushero Feroz, whereby he has been denied custody of his truck trailer on superdari, which is involved in case out-come of FIR No.101/17 under sections 320, 279, 427, 322, P.P.C. of Police Station Bhirya. The facts in brief necessary for disposal of instant Cr. Revision application are that the said truck trailer when was driven by its driver Ameer Khan Awan allegedly in rash and negligently manner, ran over a person named Abdul Waheed, as a result whereof he lost his life with damage to his motorcycle, for that a case was registered with Police Station Bhirya at the instance of Imran Ali. Before learned trial court, the applicant sought for custody of said truck trailer, on superdari, on the basis of his ownership over it, by way of an application under section 516-A, Cr.P.C. It was dismissed by learned trial court by way of the order, which is impugned by the applicant before this Court by way of instant Cr. Rev. Application, as stated above. It is contended by learned counsel for the applicant that the said truck trailer is no more required by the police as the investigation of the very case is over. It is not the case property and applicant being its owner could not be denied its custody on superdari pending disposal of the case. Learned trial court by making refusal to restore the custody of the said truck trailer in favour of the applicant on superdari being owner has committed wrong which could be made right by this court. By contending so, he sought for custody of the said truck trailer in favour of the applicant. In support of his contentions he relied upon case of law Muhammad Rashid and others v. The State which is reported at PLD 1991 Karachi

200. Learned counsel for the complainant has sought for dismissal of instant Cr. Rev. Application by contending that it has been used in commission of the incident. Learned DPG has supported the impugned order. I have considered the above arguments and perused the case law. It is alleged that the said truck trailer at the time of incident was being driven in rash and negligent manner by its driver Ameer Khan Awan as a result whereof, Abdul Hameed lost his life with damage to his motorcycle. It was obviously a road accident, the said truck trailer as such could not be said to have been used as weapon in commission of the incident. The useful reference in that respect if need be, could be placed upon case of Muhammad Rashid, which is relied upon by the learned counsel for the applicant. The investigation of the case is over, the said truck trailer in such circumstances, if is allowed to remain with the police for no use then it apparently would reduce its value. In these circumstances, the impugned order of learned trial court denying the custody of truck trailer on superdari in favour of the applicant on the basis of ownership could not be sustained, it is set aside. Having concluded above, the applicant is allowed to take the custody of said truck trailer on superdari, on proper verification of his ownership documents subject to his furnishing surety in sum of Rs.500,000/- and PR bond in the like amount to the satisfaction of learned trial court with the condition that he would produce the same at trial, whenever it is required. Instant Cr. Rev. Application is disposed of accordingly. MQ/K-10/Sindh Application allowed.