Rai BASHIR AHMAD vs THE STATE — 1971 PCRLJ 255

Citation: 1971 PCRLJ 255

Court: Lahore High Court

Year: 1971

Decision Date: 1971-11-11

Parties: Rai BASHIR AHMAD vs THE STATE

Headnotes

Case cited as 1971 PCRLJ 255

Judgment Text

Court Name: Lahore High Court Judge(s): Shamim Hussain Qadri Title: Rai BASHIR AHMAD vs THE STATE Case No.: Criminal Revision No. 1129 of 1970 Date of Judgment:1971-11-11 Reported As: 1971 P Cr. L J 255 Result: Petition dismissed JUDGMENT JUDGMENT A case under section 307, P. P. C. Was registered against the petitioner at Police Station Pindi Bhattian. During-the investigation the police took into possession a single barrel licensed Gun No. 6994 of the petitioner which was alleged to have been used in the commission of the crime. The petitioner approached the Magistrate under section 516-A, Cr. P. C. For getting back his gun on sapurdari. The learned trial Magistrate refused to return the same pending trial of the case. He, however, observed that order will he passed after conclusion of the trial. The petitioner approached this Court under section 439, Cr. P. C. His revision petition No. 956 of 1970 was dismissed in default by my learned brother Dr. Nasim Hassan Shah, J. On 21st September 1970. Again on 22nd October 1970 he submitted this revision petition which was admitted by the learned Single Judge. 2. Section 516-A, Cr. P. C. Empowers a Magistrate to pass such order as he thinks fit in regard to any property which is alleged to have been used in the commission of crime when it is produced before him during enquiry or at the trial. It was argued that gun being the property of the petitioner, he was entitled to its possession on sapurdari during the trial and refusal to…

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