Custody of property

In-charge Store Room had deposed that Investigating Officer had handed over parcels for safe custody and that he had made an entry of taking over in the Register XIX (Store Room Register)

However, neither extract of the entry was produced in evidence nor the same was made as part of the challan

Where a written document existed, it had to be produced as being best evidence of its own contents

Safe custody of the case property could have been established only when copy of the register of store room was formally brought on the record of the Court

Any matter which was required by law to be reduced in the form of a document, no oral evidence could be given for proof of that matter except the document itself

Appeal against conviction was allowed, in circumstances.

S. 517 read with Constitution of Pakistan (1973), Art. 185 (3)Custody of property-Magistrate as well as High Court basing order with regard to superdari on certain documents and material appearing to support respondent's case prima facie-Order being a regulatory order involving no question of law as such and case being still at investigation stage, interference declined and leave to appeal refused.

S. 520-Custody of property: High Court's order that truck in dispute having been in possession of respondent on date of its being taken into custody by Police, respondent eligible to retain its custody till any better claimant succeeds in establishing a better right or title, held, quite in terms of S. 520, Criminal Procedure Code, 1898 and no justification existed to interfere with same.-[Custody of property].

S. 516-A - Custody of property - Crime property entrusted to respondent in previous case, such case still , pending and order of entrustment still subsisting-Custody of such property on a second case filed in respect of same property, held, must remain with respondent.-[Custody of property].