SHAKIRULLAH vs State S — 2023 MLD 319 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2023 MLD 319 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2023
Reporter: MLD
Parties: SHAKIRULLAH vs State S
Subject matter: Criminal
Provisions referred to: S. 516-; S. 32; Provincial Motor Vehicles Ordinance (XIX of 1965); 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

SHAKIRULLAH VS State S. 516-a---Provincial Motor Vehicles Ordinance (XIX of 1965), Ss. 2(24) & 32---Order for custody and disposal of property pending trial in certain cases---Owner of vehicle---Scope---Petitioner assailed rejection of his application under S. 516-a, Cr.P.C., for superdari/release of vehicle---Case of prosecution was that the petitioner while driving the vehicle in question negligently and rashly hit the son of complainant, due to which he died---Petitioner was claiming to be the owner and last possessor of the vehicle and prayed for its release on superdari---Person in whose name the motor vehicle was registered was the owner of said vehicle, which also included the transferee---Transferee had to be duly registered under S. 32 of the Provincial Motor Vehicles Ordinance, 1965---Vehicle was not registered in the petitioner's name---Petitioner was only in possession of return file, which in no manner could prove his ownership---Mere possession of original return file did not transfer ownership of a vehicle in terms of the Provincial Motor Vehicles Ordinance, 1965---Even otherwise, if the petitioner had purchased the vehicle in question from its previous owner, the same should have been transferred in his name within thirty days as provided under S. 32 of the Provincial Motor Vehicles Ordinance, 1965, but this had not been done---application for release of vehicle was rightly rejected by the Trial Court---Revision petition was dismissed.

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