FAZAL KARIM AND 2 Others vs THE PROVINCE OF WEST PAKISTAN THROUGH, — 1971 SCMR 294

Citation: 1971 SCMR 294

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-12-31

Parties: FAZAL KARIM AND 2 Others vs THE PROVINCE OF WEST PAKISTAN THROUGH, JUDGMENT

Headnotes

Case cited as 1971 SCMR 294

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Salahuddin Ahmad, Sajjad Ahmad Jan, Muhammad Yaqub Ali Khan Title:FAZAL KARIM AND 2 Others vs THE PROVINCE OF WEST PAKISTAN THROUGH, JUDGMENT Reported As: 1971 SCMR 294 Result: Appeal dismissed Judgment JUDGMENT SALAHUDDIN AHMED, J.-This appeal by special leave is from an order of the erstwhile High Court of West Pakistan, dismissing a petition under Article 170 of the Constitution of 1956. Certain articles had been seized from the possession of the appellants in connection with a criminal case under sec--tions 408/409/380/411 of the Pakistan Penal Code, instituted against. Them by the Vice-President of the Central Co-operative Bank, Sialkot. The case ended to the acquittal of the appellants on 2-7-1954, whereupon they successively 'applied to the Magistrates concerned for return of the articles seized from them, and although at one stage they were ordered to be returned to the appellants, the articles were never returned. Relying upon a report of the Superintendent of Police that the articles claimed by the appellants had already been delivered to the officer incharge of Arya School Government Dump. In pursuance of an order of the Additional District Magistrate, the High Court held that it was obvious that the articles in question had already been disposed of and could not be restored to the petitioners. The Court further observed that in these circumstances the only and proper remedy open to the petitioner was to go to the…

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