2005 PLP 735 (SCMR)
JAVAID ARSHAD ABID — Petitioner Versus STATION HOUSE OFFICER and others — Respondents
| Citation | 2005 PLP 735 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Javed Iqbal and Faqir Muhammad Khokhar, JJ |
| Parties | JAVAID ARSHAD ABID — Petitioner Versus STATION HOUSE OFFICER and others — Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2005 PLP 735 (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 2005 PLP 735 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Javed Iqbal and Faqir Muhammad Khokhar, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2005 PLP 735 (SCMR) (JAVAID ARSHAD ABID — Petitioner Versus STATION HOUSE OFFICER and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ch. Muhammad Arshad Ramay, Advocate Supreme Court and C.M. Latif, Advocate-on-Record for Petitioner.
- Abdul Sattar, Sub-Inspector, P.S. City Sadiqabad for Respondents.
- Date of hearing: 19th March, 2003.
Headnotes / Summary
(On appeal from the order, dated 27-2-2002 of the Lahore High Court (Bahawalpur Bench) passed in W.P. No.3276/2002/BWP).
S. 550
Disputed car was neither used in commission of any offence nor any F.I.R. regarding its theft was registered
Petitioner claiming to have purchased such car which had remained in his possession till same was taken into custody by Anti-Car Lifting Staff of Police
No other claimant had come forward
Custody of car was ordered to be handed over to petitioner on Superdari on furnishing surety.
Judgment & Decree
JAVED IQBAL, J.
Pursuant to notice dated 4-2-2003 Abdul Sattar, Sub-Inspector of Police is present alongwith the relevant record. It is submitted by him in a categoric manner that no F.I.R. regarding theft of the car in question was lodged. When asked that how the car in question was being treated as stolen property, no answer could be given. The car in question was also not used in the commission of any offence as explained by Abdul Sattar, Sub-Inspector of Police.
2. There is no denying the fact that the car in question was purchased by the petitioner from one Abdul Samad son of Khawaja Abdul Hamid Channer, resident of Thalli Sharif, Sadiqabad, District Rahimyar Khan on 22-2-1999 which remained in his possession till 14-2-2001 when it was taken into custody under section 550, Cr.P.C. at the instance of Anti-Car Lifting Staff, Lahore. No other claimant has come forward so far.
3. In such view of the matter, on furnishing surety in the sum of Rs.3,00,000 (Rupees three lacs only) to the satisfaction of learned Judicial Magistrate, Sadiqabad, District Rahimyar Khan, the vehicle in question be handed over on Superdari to Javaid Arshad Abid (petitioner) from whom it was taken into possession by the police. The petition is converted into appeal and allowed in the above terms. S.A.K./J-4/S Appeal accepted.