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Criminal Appeal No. 43 of 1971. decided on 28th October 1975.

(On appeal from the judgment of the Lahore High Court in Criminal Revision No. 1203 of 1970).

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‑‑‑ S. 517‑ Disposal of property involved in case‑Award giving some of disputed film prints to respondent and some to petitioner set aside by Supreme Court and case remanded to Civil Judge for fresh decision on merits‑‑‑Criminal case regarding alleged theft of some film prints by petitioner pending in petitioner's acquittal but film prints given over by trial Court to person held to be owner of films by Civil Judge and High Court‑Supreme Court subsequently ordering filth prints to be deposited in a specified Police malkhana till disposal of appeal by it for reason of such a course being fair and proper‑Interim order regarding deposit of disputed films in Police malkhana being only proper on facts and circumstances of cave confirmed.

Allah Wassaya Malik, Advocate Supreme Court of Pakistan instructed by Sh. Abdul Karim, Advocate‑on‑Record for Petitioner.

Kh. Shaukat Ali, Advocate Supreme Court instructed by Sh. Ijaz Ali, Advocate‑ on‑Record for Respondent No. 1.

Sh. Masud Akhtar, Advocate‑General for Respondent No. 2.

Date of hearing : 28th October 1974.

‑Five film prints have been the subject -matter of long drawn litigation between the parties, both civil and criminal. Ch. Muhammad Hussain, Advocate, the Arbitrator appointed by the parties gave by the Award dated 17th May 1961 two film prints "Chhoomanter" and "Sawera" to Agha Muhammad Yakoob, respondent 2, and three film prints "Bazooband", "Tauheed" and "Talismi Talwar" to the petitioner Abdul Wahid.

Abdul Wahid unsuccessfully challenged the Award in the civil Court and the Lahore High Court, but on appeal this Court set aside the Award and remanded the case to the Civil Judge for fresh decision on merits. Further proceedings have not yet taken place as the record of the case has been misplaced.

This appeal arises out of a criminal case filed by Agha Muhammad Yakub under sections 457 and 380, P. P. C. regarding an alleged theft of the film prints, "Chhoomanter" and "Sawera" committed by Abdul Wahid. The trial Magistrate acquitted Abdul Wahid by the judgment dated 8th January 1969, but he gave the film prints to Agha Muhammad Yakub as he was held to be the owner by the Civil Judge and the High Court. This order was upheld by the Lahore High Court. This Court, however, directed by the order dated 2nd July 1971. that until the disposal of this appeal the film prints he deposited in the Malkhana of the Old Anarkali Police Station, Lahore for the reason that it is "fair and proper that pending decision of the civil Court, the film prints in dispute should be deposited by the respondent in the Malkhana."

It is only proper, on the facts and circumstances of this case, the interim order of this Court dated 2nd July, 1971. should be confirmed. We therefore, direct that the prints of "Chhoomanter" and "Swera" shall remain deposited with the S. H. O., Old Anarkali, Lahore, till the final disposal of the application filed by the respondent for making the Award the rule of the Court. 'The appeal is disposed of accordingly.

Order accordingly.

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