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1984 S C M R 798
Present : Nasim Hasan Shah and M.S.H Quraishi, JJ
PROVINCE OF PUNJAB Petitioner
Versus
MUHAMMAD NAWAZ AND ANOTHER‑Respondents
Civil Petition No. 16‑R of 1984, decided on 5th February, 1984.
(From the judgment dated 31‑10‑1983, of the Lahore High Court passed in Regular First Appeal No. 149 of 1983).
Constitution of Pakistan (1973)
‑‑ Art. 185(3)‑‑Leave to appeal granted to consider whether in a matter arising from proceedings of a Government could not be made liable.
Muhammad Arif, Senior Advocate Supreme Court, instructed by Ejaz Ahmad Khan, Advocate‑on‑Record for Respondents.
Date of hearing : 5th February, 1984.
M. S. H. QURAISHI, J
.‑In a criminal case arising from F. I. R. No. 47, dated 10‑3‑1978, of P. S. Khushab under sections 406, 407, 420 and 468, P. P. C. against Muhammad Nawaz respondent No. 1 and one Muhammad lqbal, the truck belonging to respondent No. 1 was, under orders of the Magistrate, made over on sapurdari to one Ghulam Sarwar. At the time of his arrest, a sum of Rs. 1,050 had been recovered from the person of respondent No. 1 and another sum of Rs. 37,947 from the possession of respondent No. 2. The truck was not produced during the trial. Respon dent No.1 and his co‑accused were convicted and the aforesaid sums recovered were confiscated. The appellate Court, however, set aside their conviction and sentence but as regards claim to the confiscated money, it left it to be resolved through recourse to civil Court. The respondents then sued the Provincial Government. The suit was decreed in the sum of Rs. 3,38,997, i.e., Rs. 3,00,000 on account of value of the truck which had not been recovered till the conclusion of the trial of the suit, the value being the same as had been put at the time of making over the truck on sapurdari, and Rs. 38,997 on account of moneys recovered. The Province having failed in its first appeal before the High Court, has sought leave to appeal.
2. It has been brought to the notice of this Court that the truck in ques tion has since been recovered and is available to be made over to respondent No. 1, which matter is before the executing Court.
3. The question raised, inter aria, relates to the liability of the Provincial Government. It is urged that in a matter arising from proceedings of a criminal Court the Provincial Government could not be made liable. Leave to appeal is accordingly granted.
S. Q. Leave granted.
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