MUHAMMAD ASHFAQ MUGHAL vs State S — 2024 YLR 1508 KARACHI-HIGH-COURT-SINDH

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

MUHAMMAD ASHFAQ MUGHAL VS State S. 516-a, Second and Third proviso---Supardari of vehicle (oil tanker), grant of---Entire property secured/seized by the investigation officer, production of---Exceptions---Scope---Second proviso of S. 516-a of the Criminal Procedure Code, 1898, empowers the Court that if dangerous drug, intoxicant, intoxicating liquor or any other substance is seized or taken into custody under any law for the time being in force, the Court either suo motu or on an application and under its supervision and control is to obtain and prepare sample of the property for safe custody and production before it or to any other Court and cause destruction of the property under a certificate issued by it in that behalf---Third proviso clarifies that on production of such sample before the Court in relation to the proceedings of the offence, the sample will represent the whole property having been produced in Court---Normally entire property secured or seized by the investigation officer is required to be produced in the Court, however, there are some exceptions to the general rule as provided under second and third provisos---Discretion vested in the Court under the said provisos is to be exercised judiciously by giving notice to all concerned and taking into consideration the peculiar facts and circumstances of each case in order to safeguard the available right of the parties---In the present case, vehicle-in-question which was filled with huge quantity of 48000 liters flammable furnace oil parked at an open space of police station which could be dangerous not only for police officials but also for people whose houses and shops were located around the police station---Petitioner was owner of the vehicle-in-question (oil tanker) as disclosed by the Investigating Officer, who had no objection if the vehicle-in-question was handed over to him (petitioner)---No other claimant of the vehicle-in-question was before the (High) Court, therefore, the same i.e. Oil tanker was directed to be released to the petitioner, with certain conditions, upon his furnishing solvent surety in the sum of Rs. 5,00,000/- (contrary to Rs. 50,00,000/- as directed by the Trial Court)---Petition, filed by the owner of the oil tanker, was allowed, in circumstances.

MUHAMMAD ASHFAQ MUGHAL vs State S — 2024 YLR 1508 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported

Other judgments reported in 2024 YLR