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Civil Petition for Special Leave to Appeal No. 87‑R of 1986, decided on 28th June, 1986.
(From the judgment of the Lahore High Court, Rawalpindi Bench, dated 16‑4‑1986 in Writ Petition No. 442 of 1984).
Constitution of Pakistan (1973)‑‑
‑‑‑Art. 185(3)‑‑Criminal Procedure Code (V of 1898), S. 516‑A‑‑Leave to appeal, grant of‑‑Criminal proceedings‑‑Dispute whether respondent was bona fide purchaser of car or not‑‑Superdari of car given to respondent from whom it was taken into possession‑‑Order challenged‑ Fact that car was taken into possession from respondent supported impugned order which was held unexceptionable in circumstances‑‑Leave to appeal refused.
Sardar Muhammad Ishaq, Advocate Supreme Court with M.A. Siddiqi, Advocate‑on‑Record (absent) for Petitioner.
Nemo for Respondent.
Date of hearing: 28th June, 1986.
Leave to appeal has been sought from judgment, dated 16‑4‑1986 of the Lahore High Court; whereby the Superdari of a car during the pendency of criminal proceedings has been ordered to be given over to Tehseen Qureshi respondent No.1.
Admittedly, the car was taken into possession from Tehseen. He claimed to have purchased the same. There is dispute whether he was a bona fide purchaser or not. The fact that the car was taken into possession from him goes to support the order passed by the High Court. It is unexceptionable in the circumstances of this case.
No justification has been made out for interference. This petition accordingly, is dismissed
M . I . Petition dismissed
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