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Petitioner: ABDUL LATEEF VS Respondent: THE STATE and another
Court Name: Sindh High Court Judge(s): Amir Hani Muslim Title: ABDUL LATEEF vs THE STATE and another Case No.:Criminal Revision Application No.84 and Miscellaneous Applications
Nos.1080 and 1081 of 2007 Date of Judgment:2007-10-11 Reported As: 2008 MLD 181 Result: Revision allowed Judgment ORDER ' AMIR HANI MUSLIM, J.---Dismissed having become infructuous. 2. Granted subject to all just exceptions. 3. Mr. G.A. Shahani Additional A.G waives notice of this application. The grievance of the applicant is that he moved application under section 516-A, Cr.P.C. Before the Incharge Sessions Judge Dadu who assigned it to IIIrd Additional Sessions Judge, Dadu who by the impugned order has declined the restoration of possession of the vehicle inter alia on the ground that the original documents in possession of the applicant are in the name of Muhammad Aslam Memon and therefore the applicant not being the owner is not entitled to the restoration of possession. The scheme of section 516-A, Cr.P.C. Does not warrant restoration of possession of vehicle to the owner. The Court has to examine as to who was the last in possession of the vehicle. In the present case the applicant has stated that the vehicle was purchased by him in instalments and has placed before the Court the letter disclosing such fact. The original registration book is also with the applicant. These are sufficient grounds for restoration of possession of vehicle. Learned Addl. A. G. Mr. G.A. Shahani does not oppose the grant of this application. Under these circumstances, the IIIrd Additional Sessions Judge, Dadu shall allow restoration of possession of the vehicle to the applicant on his executing superdari. The applicant however shall submit surety in the sum of Rs.100,000 and P.R. Bond in the like amount to the satisfaction of IIIrd Additional Sessions Judge, Dadu. The order impugned is set aside. Criminal Revision Application stands disposed of.