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Criminal Miscellaneous No. 2 of 1986 in Criminal Appeal No. 520 of 1986, decided on 17th January, 1987.
--S. 520--Penal Code (XLV of 1860), Ss. 382 & 392--Supurdari- Motor-cycle allegedly purchased by accused with cash proceeds of dacoity--Accused convicted in dacoity case--Motor-cycle allegedly being used by Police Incharge of Malkhana--Supurdari of motor-cycle, held, could not be granted to accused--Police authorities directed to crate motor-cycle in wooden box or make its sealed parcel in cloth to prevent its use by police.
Hasnaat Ahmad Khan for Petitioner.
Haider Ali Shah for the State.
This is a petition under section 520, Cr. P . C . by Mubarik Ali applicant, praying that Motor-cycle No. LHQ-4166 which was recovered from him, be delivered on Supurdari to him.
2. Mubarik Ali, applicant, alongwith three others, has been convicted and sentenced under sections 382 and 392, P.P.C. with regard to a dacoity committed by them. Honda Motor-cycle No. LHQ-4166, four gold bangles P.12/1-4, a gold ring P.13 and cash amounting to Rs.14,900 were recovered from the possession of Mubarik Ali applicant.
3. It is the case of the prosecution that the Honda Motor-cycle and gold jewellery were bought by the said applicant out of the proceeds of the amounts stolen by him, when committing the dacoity. Through the present application, Mubarik Ali, applicant, desires that the said Honda Motor-cycle No. LHQ-4166 be delivered on Sapurdari to him, as the same is presently being used by the officers of the Malkhana.
4. I have heard the arguments of the learned counsel for the applicant and the State. The Honda Motor-cycle in question being the property bought by the applicant out of the proceeds of cash etc., which were stolen by the applicant in a dacoity, the Sapurdari of the motor-cycle cannot be granted to him. I understand that the Superintendent of Police, Sheikhupura, is the Officer Incharge of the Malkhana at Sheikhupura where the said motor-cycle is alleged to be stored. The Superintendent of Police, Sheikhupura, is hereby directed to see that the said Honda Motor-cycle No. LHQ-4166 is crated in wooden crate or parcelled in cloth, with seals properly affixed by the Police Officer himself, in the presence of and to the satisfaction of Mubarik Ali, applicant, where after the said motor-cycle shall be stored in the Malkhana at Sheikhupura, till the appeal of the applicant is heard and decided by this Court.
5. The expenses with regard to the wooden crating or parcelling in cloth, shall be borne by the applicant.
6. With the above observations, this application stands disposed of .
7. The office shall send a copy of this order to the Superintendent of Police, Sheikhupura for information and compliance. The said Police Officer shall report compliance of this order to this Court within a fortnight.
S. A./775/L Order accordingly.
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