2008 PLP 181 (MLD)
ABDUL LATEEF — Applicant Versus THE STATE and another — Respondents
| Citation | 2008 PLP 181 (MLD) |
| Forum / Court | Karachi |
| Bench Members | N/A |
| Parties | ABDUL LATEEF — Applicant Versus THE STATE and another — Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2008 PLP 181 (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 181 (MLD)?
The case was heard and decided by the Karachi bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2008 PLP 181 (MLD) (ABDUL LATEEF — Applicant Versus THE STATE and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Headnotes / Summary
S.516-A
Restoration of possession of vehicle
Restoration of possession of the vehicle in question to applicant was declined by the court on the ground that original documents in possession of applicant were in the name of other person; and that applicant being not owner of vehicle in question, was not entitled to the restoration of possession
Scheme of S.516-A, Cr.P.C. did not warrant restoration of possession of vehicle to the owner
Court had to examine as to who was the last in possession of the vehicle
Applicant had stated, that vehicle in dispute was purchased by him on instalments
Original registration book was also with the applicant
Such were sufficient grounds for restoration of possession of vehicle to applicant
Court would allow restoration of possession of the vehicle to the applicant on his executing Superdari.
Judgment & Decree
AMIR HANI MUSLIM, J.
Dismissed having become infructuous.
2. Granted subject to all just exceptions.
3. Mr. G.A. Shahani Additional A.G waives notice of this application. The grievance of the applicant is that he moved application under section 516-A, Cr.P.C. before the Incharge Sessions Judge Dadu who assigned it to IIIrd Additional Sessions Judge, Dadu who by the impugned order has declined the restoration of possession of the vehicle inter alia on the ground that the original documents in possession of the applicant are in the name of Muhammad Aslam Memon and therefore the applicant not being the owner is not entitled to the restoration of possession. The scheme of section 516-A, Cr.P.C. does not warrant restoration of possession of vehicle to the owner. The Court has to examine as to who was the last in possession of the vehicle. In the present case the applicant has stated that the vehicle was purchased by him in instalments and has placed before the Court the letter disclosing such fact. The original registration book is also with the applicant. These are sufficient grounds for restoration of possession of vehicle. Learned Addl. A. G. Mr. G.A. Shahani does not oppose the grant of this application. Under these circumstances, the IIIrd Additional Sessions Judge, Dadu shall allow restoration of possession of the vehicle to the applicant on his executing superdari. The applicant however shall submit surety in the sum of Rs.100,000 and P.R. bond in the like amount to the satisfaction of IIlyd Additional Sessions Judge, Dadu. The order impugned is set aside. Criminal Revision Application stands disposed of. H.B.T./A-124/K Revision allowed.