JAFFER vs THE STATE AND ANOTHERs — 1971 PCRLJ 391

Citation: 1971 PCRLJ 391

Court: Sindh High Court

Year: 1970

Decision Date: 1970-05-25

Parties: JAFFER vs THE STATE AND ANOTHERs

Headnotes

Case cited as 1971 PCRLJ 391

Judgment Text

Court Name: Sindh High Court Judge(s): Muhammad Hayat Junejo Title: JAFFER vs THE STATE AND ANOTHERs Case No.: Criminal Revision Application No. 48 of 1970 Date of Judgment:1970-05-25 Reported As: 1971 P Cr. L J 391 Result: Application allowed JUDGMENT JUDGMENT This revision petition under section 439, Cr. P. C. Which relates to the disposal of a silver necklace under section 523, Cr. P. C. Has arisen in the following circumstances: 2. On 14-6-1969 Police went to the house of petitioner Jaffar and secured the silver necklace which is the subject-matter of this petition on search from his house. As they suspected it to be stolen property it was produced before the Head Munshi and Third Class Magistrate, Naushahuro Feroze, who issued the usual proclamations inviting claims in respect thereof. The petitioner filed his application of claim and produced to witnesses who were examined on 30-6-1969. On the basis of this evidence the Court ordered that the property should be given to the petitioner on furnishing one surety in the sum of Rs. 500.00. The next day, however, one Riaysat Ali respondent No. 2 in this petition also filed his claim in respect of the same necklace. He was examined and he produced to other witnesses, namely, Khurshid his brother and Suleman servant of his father in support of his claim. The learned Magistrate thereafter passed another order dated 24-3-70 on which the necklace was given to the respondent 3. Mr. Memon, the learned counsel for the petitioner…

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