ABDUL RASHEED vs ADDITIONAL SESSIONS JUDGE, ARIFWALA, DISTRICT PAKPATTAN S — 2022 PLD 271 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2022 PLD 271 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2022
Reporter: PLD
Parties: ABDUL RASHEED vs ADDITIONAL SESSIONS JUDGE, ARIFWALA, DISTRICT PAKPATTAN S
Subject matter: Criminal
Provisions referred to: S. 516-; S. 561-; Provincial Motor Vehicles Ordinance

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

ABDUL RASHEED VS ADDITIONAL SESSIONS JUDGE, ARIFWALA, DISTRICT PAKPATTAN S. 516-a---Order for custody and disposal of property pending trial in certain cases---Open letter transfer document---Scope---Grievance urged through the petition under S.561-a, Cr.P.C. was that the petitioner was entitled for superdari of the vehicle being its bona fide purchaser and in that regard he produced its transfer letter but the Revisional Court allowed the criminal revision filed by respondent on the wrong premise of law, therefore, the impugned order was liable to be set aside---Validity---Petitioner was only in possession of a photocopy of an undated transfer letter---Open letter was not a valid document of title and it did not transfer ownership of a vehicle in terms of the Provincial Motor Vehicles Ordinance, 1965---Registration certificate of the vehicle showed that the original owner of the vehicle was Bank---Petitioner had failed to establish his ownership of the vehicle, the application made by him for release of the vehicle was not maintainable and was wrongly allowed by the Judicial Magistrate---Property could be given on superdari under S. 516-a, Cr.P.C., if some offence appeared to have been committed or which appeared to have been used for commission of any offence---Ingredients of S. 516-a, Cr.P.C. were lacking in the case as no case was registered in respect of the vehicle---Petition was dismissed, in circumstances.

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