ZARDULLAH KHAN vs THE STATE AND ANOTHER — 1971 PLD 906

Citation: 1971 PLD 906

Court: Sindh High Court

Year: 1970

Decision Date: 1970-12-31

Parties: ZARDULLAH KHAN vs THE STATE AND ANOTHER

Headnotes

Case cited as PLD 1971 Karachi 906

Judgment Text

Court Name: Sindh High Court Judge(s): Agha Ali Haider Title: ZARDULLAH KHAN vs THE STATE AND ANOTHER Case No.:Criminal Revision Application No, 2 and Miscellaneous Application No, 17 of JUDGMENT Reported As: PLD 1971 Karachi 906 Result: Petition accepted Judgment JUDGMENT The facts forming the background of this revision application are as follows. On the 7th of August 1969, Abdur Rehman, the respondent No, 2 lodged a report at the Golimar Police Station, Karachi, that 3/4 years earlier he had purchased an auto-rickshaw bearing No, KAU-1368 from one Daulat Khan. In the month of April 1969, he had given it to one Firdous against a monthly hire of Rs, 300.00. For two months he was away to his native town, and on return could locate neither Firdous nor the rickshaw. As after frantic efforts, he could find the rickshaw, he had brought the same, along with Gul Faraz, its driver. The rickshaw was seized by the Police, and after due investigation Firdous was arrested. On 20th August 1969, two days before the submission of challan against Firdous for an offence under section 406, P. P. C. the rickshaw was given in interim custody by a learned A. C. M., Karachi, on superdari to the applicant as it was alleged to have been sold to him by Firdous, for Rs, 1,750.00. On that very date, an application was presented by the respondent No, 2, for the restoration of the rickshaw to him on superdari, on which the following order was passed. "The rickshaw in question is delivered on…

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