Muhammad Ali vs State Ss — 2026 MLD 461 PESHAWAR-HIGH-COURT

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Muhammad Ali VS State Ss. 561-a & 516-a---Custody of vehicle---Last possessor priciple---Scope---Respondent No. 2 claiming to be the owner of the vehicle in question, reported to the police that 19 months ago, he had given the vehicle in question to "MS" for his temporary personal use, but "MS" never returned it to him despite his efforts---after an inquiry a criminal case at the strength of FIR against "MS" under S.406, P.P.C, was registered---Vehicle in question was recovered from the possession of the petitioner---Petitioner and the complainant both agreed to park the vehicle in Police Station---Complainant, the petitioner and one "SJ", filed separate applications for the custody of said vehicle before Judicial Magistrate, who had allowed the application of the complainant---When arrested, "MS" admitted that he had sold the vehicle in question and promised to make good a sum of Rs. 6,30,000/- to the complainant, but he never honoured his promise---Held: Complainant had a deed showing him as the purchaser---Complainant had given the vehicle in question to "MS" for his personal use and charged the said "MS" for committed criminal breach of trust (under S.406, P.P.C)---Indeed, whatever transaction "MS" had entered into with whomsoever at any particular point of time, had no legal value for the simple reason that a criminal case had been registered against "MS" for which he had to face trial---While it was yet to be seen whether the charge against "MS" would be proved or not, at the moment, a criminal charge existed against him which prima facie disentitled anyone whose claim, somehow or the other, was traceable to him---Record showed that "SJ" had also filed a civil suit against the said "MS" and the complainant---Copy of a sale deed dated 21/03/2018 was available on the record which showed that the complainant had sold the vehicle in question to "MS"---However, there was no counterclaim of "MS" against the complainant---Where more than one person laid claim to the custody of property, the principle that the contender claiming to be last in possession would not apply, particularly when there was a criminal charge, theft or criminal breach of trust against one of them---In other words, it was to be seen whose claim stood on a higher pedestal---No force was found in petitions, which were dismissed, accordingly.

Muhammad Ali vs State Ss — 2026 MLD 461 PESHAWAR-HIGH-COURT

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